Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Grounds of Appeal — Issue Raised Outside Grounds of Appeal — Incompetence

Ukiri v. Geco-Prakla (Nig.) Ltd (2010) NLC-123-141-2003(SC)

Appellate Practice Supreme Court

It is to be noted that there was no appeal filed against the lower court's ruling on the preliminary objection. That issue did not arise from…

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APPELLATE PRACTICE — Grounds of Appeal — Abandonment — Where no argument offered in support of a ground of appeal

Ukiri v. Geco-Prakla (Nig.) Ltd (2010) NLC-123-141-2003(SC)

Appellate Practice Supreme Court

It is now elementary law which requires no citation of any authority, that in an appeal where no argument is offered in support of a ground…

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APPELLATE PRACTICE — Appeal — Restoration of Dismissed Appeal — Where lower court finds appellant had no notice of conditions of appeal

Ukiri v. Geco-Prakla (Nig.) Ltd (2010) NLC-123-141-2003(SC)

Appellate Practice Supreme Court

It is settled law that it is not every mistake by a lower court that would lead to the decision reached in the proceedings being set…

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APPELLATE PRACTICE — Appeal — Restoration of Dismissed Appeal — Duty of court to do substantial justice

Ukiri v. Geco-Prakla (Nig.) Ltd (2010) NLC-123-141-2003(SC)

Appellate Practice Supreme Court

It is settled law that the courts are enjoined in the adjudication of disputes between the parties to do substantial justice and not to have an…

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EVIDENCE LAW — Evaluation of Evidence — Primary Duty of Trial Court

Okoye v. Obiaso (2010) NLC-123-232-2003(SC)

Evidence Law Supreme Court

It is settled law that it is the primary duty of a trial court to evaluate the evidence and ascribe probative value thereto.

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EVIDENCE LAW — Documentary Evidence — Admissibility — Three Criteria for Admissibility of Documents

Okoye v. Obiaso (2010) NLC-123-232-2003(SC)

Evidence Law Supreme Court

It is settled law that the issue of admissibility of any documentary evidence is governed by the principle as to whether or not the document is…

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EVIDENCE LAW — Customary Arbitration — Proof of Existence

Okoye v. Obiaso (2010) NLC-123-232-2003(SC)

Evidence Law Supreme Court

A party can prove the existence of a customary arbitration by pleading and establishing the following: a) That there has been a voluntary submission of the…

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EVIDENCE LAW — Admissibility — Relevance as Cardinal Consideration

Okoye v. Obiaso (2010) NLC-123-232-2003(SC)

Evidence Law Supreme Court

Ordinarily admissibility of evidence is governed by section 6 of the Evidence Act. The cardinal consideration in the admissibility of a document is relevance. Once a…

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APPELLATE PRACTICE — Concurrent Findings — Circumstances for Interference

Okoye v. Obiaso (2010) NLC-123-232-2003(SC)

Appellate Practice Supreme Court

The law on concurrent finding of facts is very settled. It is that this Court does not make a practice of interfering with the concurrent findings…

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STATUTORY INTERPRETATION — Word ‘Shall’ — Mandatory Construction — Paragraph 6(1) of Practice Directions 2007

Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC)

Supreme Court

The word shall when used in a statutory provision imports that a thing must be done. It is a form of command or mandate. It is…

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JURISDICTION — Raising Jurisdictional Issue — At Any Stage of Proceedings

Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC)

Jurisdiction Supreme Court

As firmly settled, where issue of a court's jurisdiction is raised in any proceedings and at any stage, it must be taken first, immediately, promptly or…

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JURISDICTION — Effect of Proceedings Without Jurisdiction — Void ab Initio

Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC)

Jurisdiction Supreme Court

If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an…

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