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Principle Archive

5375 Principles 53 Areas of Law 26 Years Covered

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EVIDENCE LAW — Estoppel — Estoppel by Conduct — Standing By

Obineche & Ors v. Akusobi & Ors (2010) NLC-123-287-2003(SC)

Evidence Law Supreme Court

It is trite law that estoppel stretches beyond estoppel per rem judicatam to estoppel in pais, estoppel by deed, estoppel by negligence etc... if a party…

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CIVIL PROCEDURE — Pleadings — Joinder of Issues — Failure to Deny Material Fact

Obineche & Ors v. Akusobi & Ors (2010) NLC-123-287-2003(SC)

Civil Procedure

It is trite that facts not pleaded go to no issue. Cases are fought and decided only on the issues joined and established on the pleadings…

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JURISDICTION — State High Court — Internal Church Affairs — Day-to-Day Business of Church

Godwin & Ors v. Okwey & Ors (2010) NLC-123-109-2003(SC)

Jurisdiction Supreme Court

The claims include a complaint of lack of fair hearing against the 1st-5th appellants before dissolving the National and District Youth Fellowships; illegal or unconstitutional appointments…

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JURISDICTION — Federal High Court — Legislative Intention Not to Clutter Federal High Court

Godwin & Ors v. Okwey & Ors (2010) NLC-123-109-2003(SC)

Jurisdiction Supreme Court

It does not seem to us that the legislative intention behind the Decree was to clutter up the new Revenue Court with ordinary cases involving banker-customer…

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JURISDICTION — Federal High Court — Exclusive Jurisdiction — Section 251(1)(e) of 1999 Constitution

Godwin & Ors v. Okwey & Ors (2010) NLC-123-109-2003(SC)

Jurisdiction Supreme Court

The Federal High Court has exclusive jurisdiction in actions concerning legislations including subsidiary legislations, and common law principles regulating companies or operation of companies such as…

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CIVIL PROCEDURE — Jurisdiction — Exclusive Jurisdiction of Federal High Court — Matters Arising from Operation of Companies and Allied Matters Act

Godwin & Ors v. Okwey & Ors (2010) NLC-123-109-2003(SC)

Civil Procedure Supreme Court

Looking at the reliefs claimed in this action, it is very clear that the action concerns the internal wrangling within the Church involving the day to…

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CIVIL PROCEDURE — Jurisdiction — Determining Jurisdiction — Reference to Plaintiff’s Claims

Godwin & Ors v. Okwey & Ors (2010) NLC-123-109-2003(SC)

Civil Procedure Supreme Court

It is settled law that it is the claim(s) of the plaintiff as contained in the writ of Summons and/or Statement of Claim that determines the…

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LIMITATION LAW — Public Officers Protection Act — Exception to Application — Need for Evidence of Bad Faith or Lack of Legal Justification

Hassan v. Aliyu & Ors (2010) NLC-123-170-2009(SC)

Limitation Law Supreme Court

For a public officer to lose the protection of the Public Officers Protection Act on the ground that he acted outside the scope of his authority…

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LIMITATION LAW — Distinction Between Cause of Action and Right of Action — Effect of Statute of Limitation

Hassan v. Aliyu & Ors (2010) NLC-123-170-2009(SC)

Limitation Law Supreme Court

The effect of a statute of limitation, such as the provisions of section 2(a) of the Public Officers Protection Act, on both cause of action and…

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ELECTION LAW — Pre-Election Matters — Delay in Challenging Substitution — Effect on Justiciability

Hassan v. Aliyu & Ors (2010) NLC-123-170-2009(SC)

Election Law Supreme Court

Where the candidate who was substituted did not take any step to seek redress before the election took place, and a candidate declared as the winner,…

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CONSTITUTIONAL LAW — Immunity of Public Officers — Section 308 of 1999 Constitution — Distinction from Amaechi v. INEC

Hassan v. Aliyu & Ors (2010) NLC-123-170-2009(SC)

Constitutional Law Supreme Court

The case of Amaechi v. INEC is clearly distinguishable from the appellant's case: (1) In Amaechi's case the matter was commenced before the regular courts before…

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CONSTITUTIONAL LAW — Immunity of Public Officers — Section 308 of 1999 Constitution — Applicability to Election-Related Proceedings

Hassan v. Aliyu & Ors (2010) NLC-123-170-2009(SC)

Constitutional Law Supreme Court

The provisions of section 308 of the 1999 Constitution do not protect a President or Governor from legal proceedings in a matter of his election per…

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