Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Concurrent Findings — Respect for Trial Court’s Evaluation of Evidence

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

Appellate Practice Supreme Court

The function of assessment of credibility of Witnesses, is essentially for the trial court and not that of the Appellate Court... the attitude of an Appellate…

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APPELLATE PRACTICE — Concurrent Findings — Interference by Supreme Court — Circumstances for Disturbing Concurrent Findings

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

Appellate Practice Supreme Court

This Court, does not readily disturb or interfere with concurrent judgments of two lower courts except in certain circumstances.

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EVIDENCE LAW — Presumptions — Failure to Produce Evidence — Presumption under Section 148(d) Evidence Act

Alade v. Alic (Nigeria) Limited (2010) NLC-123-169-2001(SC)

Evidence Law Supreme Court

The first dependent Alic (Nig.) Limited … has not declared any profit but neither has it declared any loss. It has failed to produce the audited…

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EQUITY AND TRUSTS — Maxims of Equity — Benefit from Wrong — Nullus Commodum Capere Potest de Injuria Sua Propria

Alade v. Alic (Nigeria) Limited (2010) NLC-123-169-2001(SC)

Equity and Trusts Supreme Court

A party should not be allowed to benefit from his own wrong. This is encapsulated in the Latin Maxim 'nullus commodium capere potest de injuria sua…

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EVIDENCE LAW — Burden of Proof — Proof of Fraud in Civil Cases — Standard of Proof

Alade v. Alic (Nigeria) Limited (2010) NLC-123-169-2001(SC)

Evidence Law Supreme Court

Proof of this needs not be beyond reasonable doubt.

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COMPANY LAW — Corporate Veil — Piercing the Corporate Veil — Fraud and Lifting the Veil

Alade v. Alic (Nigeria) Limited (2010) NLC-123-169-2001(SC)

Company Law Supreme Court

One of the occasions when the veil of incorporation will be lifted is when the Company is liable for fraud as in the instant case. ……

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CIVIL PROCEDURE — Parties — Liability of Non-Contracting Party — Instigator of Breach of Contract

Alade v. Alic (Nigeria) Limited (2010) NLC-123-169-2001(SC)

Civil Procedure Supreme Court

The law is that a person who is not a party to a contract cannot be held liable. … With respect to the 2nd Respondent however,…

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