Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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EVIDENCE LAW — Evaluation of Evidence — Appellate Court — Interference with Findings of Fact

Teriba v. Adeyemo (2010) NLC-123-47-2003(SC)

Evidence Law Supreme Court

The fundamental principle is that the duty of evaluation of evidence is pre-eminently that of the trial court which alone has the advantage of seeing and…

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CUSTOMARY LAW — Family Land — Sale of Family Property — Head of Family — Position of Mogaji

Teriba v. Adeyemo (2010) NLC-123-47-2003(SC)

Customary Law Supreme Court

For the purpose of effecting land transactions, the fact of his not being the Mogaji of the family did not disqualify him from being the head…

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CUSTOMARY LAW — Family Land — Alienation of Family Property — Misrepresentation — Void vs Voidable

Teriba v. Adeyemo (2010) NLC-123-47-2003(SC)

Customs Law Supreme Court

The Yeosa family having conveyed the property in 1964 for valuable consideration cannot turn round in 1972 to impugn its own earlier sale so as to…

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CONTRACT LAW — Misrepresentation — Parties — Misrepresentor and Misrepresentee Must Be Distinct

Teriba v. Adeyemo (2010) NLC-123-47-2003(SC)

Contract Law Supreme Court

To constitute a misrepresentation, the misrepresentor and the misrepresentee must be distinct from one another. Thus where a person who claims to have been deceived by…

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CIVIL PROCEDURE — Appeal — Grounds of Appeal — Issue Formulation — Proliferation of Issues

Teriba v. Adeyemo (2010) NLC-123-47-2003(SC)

Civil Procedure Supreme Court

It is not proper to proliferate issues for determination to the extent of their outnumbering the grounds of appeal. This is because issues must of necessity…

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CIVIL PROCEDURE — Limitation of Actions — Public Officers (Protection) Law — Three-Month Period

Nasir v. Civil Service Commission Kano State & Ors (2010) NLC-123-144-2003(SC)

Civil Procedure Supreme Court

Limitation statutes are exact as to the time frame. They do not leave the court in doubt, like the Kano State law it is three months;…

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CIVIL PROCEDURE — Limitation of Actions — Public Officers (Protection) Law — Effect of Statute-Bar on Jurisdiction

Nasir v. Civil Service Commission Kano State & Ors (2010) NLC-123-144-2003(SC)

Civil Procedure Supreme Court

Where a statute provides for the institution of an action within a prescribed period, proceedings shall not be brought after the time prescribed by such statute.…

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CIVIL PROCEDURE — Jurisdiction — Objection to Jurisdiction — When May Be Raised

Nasir v. Civil Service Commission Kano State & Anor (2010) NLC-123-144-2003(SC)

Civil Procedure Supreme Court

It is now firmly settled that issue of jurisdiction or competence of a court to entertain or deal with a matter before it, is very fundamental.…

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LAND LAW — Trespass to Land — Trespass Ab Initio — Effect of Licensee Denying Licensor’s Title and Challenging Ownership

Omotayo v. Co-operative Supply Association (2010) NLC-123-155-2002(SC)

Land Law Supreme Court

If the defendant/appellant, has admitted the averment in the plaintiff/respondent's pleadings that she was its licencee, by which she would be regarded as having entered upon…

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