Standard
CIVIL PROCEDURE — Judgment on the Merits — Meaning
Oyegun v. Nzeribe (2010) NLC-123-253-2002(SC)
A judgment or ruling on the merits is one obtained where the case has been argued and the court has decided which party is in the…
5375
Principles
53
Areas of Law
26
Years Covered
Standard
JURISDICTION — Defect in Competence — Effect on Proceedings
Oyegun v. Nzeribe (2010) NLC-123-253-2002(SC)
Any defect in competence is fatal as the proceedings are nullity however well conducted and decided, the defect is extrinsic to adjudication.
Standard
JURISDICTION — Competence of Court — Conditions Precedent to Exercise of Jurisdiction
Oyegun v. Nzeribe (2010) NLC-123-253-2002(SC)
A court is competent only when:- (a) It is properly constituted as regards numbers and qualification of the members of the bench, and no member is…
Standard
APPELLATE PRACTICE — Conditions of Appeal — Non-Compliance — Dismissal for Non-Compliance with Conditions Precedent
Oyegun v. Nzeribe (2010) NLC-123-253-2002(SC)
Any party seeking the discretionary power of court must bring his case within the provisions of the Rules on which he purported to make his application.…
Standard
EVIDENCE LAW — Presumptions — Service of Process — Presumption Under Section 150(1) of Evidence Act
Olorunyolemi & Anor v. Akhagbe (2010) NLC-123-118-2002(SC)
The fact that a party was in court on the day a matter is slated to come up is not necessarily a confirmation that the other…
Standard
CIVIL PROCEDURE — Service of Process — Fair Hearing — Effect of Lack of Service
Olorunyolemi & Anor v. Akhagbe (2010) NLC-123-118-2002(SC)
Service of process on a party is so fundamental that absence of it may affect the jurisdiction of a court and render a court's proceeding a…
Standard
APPELLATE PRACTICE — Record of Appeal — Completeness — Necessity for Full Transmission of Record
Olorunyolemi & Anor v. Akhagbe (2010) NLC-123-118-2002(SC)
It is settled law that every material fact, evidence or document tendered in the proceeding at the High Court and relevant to the determination of the…
Standard
TORT LAW — Negligence — Failure to See Oncoming Vehicle — Sole Cause of Accident
Oshe v. Okin Biscuits Limited & Anor (2010) NLC-123-396-2002(SC)
I entirely agree with the learned trial judge that the failure of DW2 the 2nd Respondent to see the oncoming vehicle of PW1 the Appellant to…
Standard
EVIDENCE LAW — Documentary Evidence — Skid Marks — Condition of Road as Precondition to Speed Calculation
Oshe v. Okin Biscuits Limited & Anor (2010) NLC-123-396-2002(SC)
Having regard to the theory outlined in Binghams Motor claims relied upon by the Court below, a vehicle that is driven at 60 miles (100 kilometers)…
Standard
APPELLATE PRACTICE — Findings of Fact — Interference by Appellate Court — When Justified
Oshe v. Okin Biscuits Limited & Anor (2010) NLC-123-396-2002(SC)
It is not the function of an appellate court to substitute its own views of the evidence for those found by the trial court. However, an…
Standard
TORT LAW — Negligence — Contributory Negligence — Appellate Interference with Trial Court’s Findings on Credibility
Oshe v. Okin Biscuits Limited & Anor (2010) NLC-123-396-2002(SC)
The question as to who was really responsible for causing the collision between the two vehicles rested principally on the question of credibility of the respective…
Standard
CUSTOMARY LAW — Proof of Native Law and Custom — Burden of Proof on the Pleader
Ibuluya & Ors v. Dikibo & Ors (2010) NLC-1492001(SC)
The only conclusion is that the land in the waterfront are in the exclusive ownership of the owner of the waterfront. This finding cannot be faulted.…