Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Fair Hearing — Derivative Actions — Ex Parte Application for Leave to Commence Derivative Action Denies Right to Fair Hearing

Agip (Nigeria) Ltd v. Agip Petroleum International & Ors (2010) NLC-351-2002(SC)

Civil Procedure Supreme Court

The leave to be granted in the application referred to in Rule 2(1) of the Companies Proceedings Rules relates to the rights of the company whose…

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APPELLATE PRACTICE — Final Decisions — Appeal as of Right — Distinction from Interlocutory Appeals

Ault & Wiborg (Nig.) Ltd v. Nibel Industries Ltd (2010) NLC-123-169-2003(SC)

Appellate Practice Supreme Court

In a final decision where the rights of the parties have been finally determined, appeal is brought as of right. And where there is a right…

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APPELLATE PRACTICE — Extension of Time to Appeal — Nature of Grounds of Appeal — When Trinity Prayers Required

Ault & Wiborg (Nig.) Ltd v. Nibel Industries Ltd (2010) NLC-123-169-2003(SC)

Appellate Practice Supreme Court

Where the grounds of appeal are of fact or mixed law and fact, the applicant must seek the three prayers [extension of time within which to…

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APPELLATE PRACTICE — Right of Appeal — Final Decisions of High Court Sitting at First Instance — Whether Leave Required for Appeal Out of Time

Ault & Wiborg (Nig.) Ltd v. Nibel Industries Ltd (2010) NLC-123-169-2003(SC)

Appellate Practice Supreme Court

Where a party can appeal as of right as provided in section 241(1)(a) of the Constitution and he fails to utilise his right to appeal within…

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CIVIL PROCEDURE — Pleadings — Statement of Claim — Incorporation of Reliefs from Writ of Summons

EKPEMUPOLO v. EDREMODA (2009) NLC-123-35-2000(SC)

Civil Procedure Supreme Court

Reference in a statement of claim to the writ for the reliefs claimed in the writ of summons makes the statement of claim complete as it…

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LAND LAW — Declaration of Title — Identity of Land — Necessity of Plan to Establish Boundaries

EKPEMUPOLO v. EDREMODA (2009) NLC-123-35-2000(SC)

Land Law Supreme Court

Before a declaration of title is given, the land which it relates must be ascertained with certainty the test being whether a surveyor, can, from the…

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APPELLATE PRACTICE — Rehearing — Duty to Examine Exhibits — Necessity of Complete Record

EKPEMUPOLO v. EDREMODA (2009) NLC-123-35-2000(SC)

Appellate Practice Supreme Court

There is no procedural law known to me which allows an appellate court to accept the evaluation of exhibits by the trial court which are not…

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APPELLATE PRACTICE — Brief Writing — Effect of Defective or Inelegant Brief — Duty of Appellate Court

EKPEMUPOLO v. EDREMODA (2009) NLC-123-35-2000(SC)

Appellate Practice Supreme Court

The mere fact that a brief filed by an appellant did not comply with the rules made under Order 6 of the Court of Appeal Rules…

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CIVIL PROCEDURE — Void orders — Setting aside ex debito justitiae — Vacation order made without jurisdiction

Onwuka v. Ononuju & Ors (2009) NLC-123-246-2002(SC)

Civil Procedure Supreme Court

The discontinuance of this suit during the court's annual vacation has been granted by the trial court against the clear import of the provisions of Order…

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APPELLATE PRACTICE — Preliminary objection — Fresh issues on appeal — Objection to grounds of appeal for lack of particulars raised for first time in Supreme Court

Onwuka v. Ononuju & Ors (2009) NLC-123-246-2002(SC)

Appellate Practice Supreme Court

The appellant not having complained against any of the grounds of appeal filed by the respondents in the court below for having no particulars or insufficient…

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CIVIL PROCEDURE — Discontinuance of suit — Vacation jurisdiction — Want of jurisdiction as ground of urgency

Onwuka v. Ononuju & Ors (2009) NLC-123-246-2002(SC)

Civil Procedure Supreme Court

Having scrutinized the provisions of Order 26 Rule 9(2) supra upon which the application to discontinue this case has been premised the issue of jurisdiction as…

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CIVIL PROCEDURE — Vacation jurisdiction — Urgency — Burden of proving urgency

Onwuka v. Ononuju & Ors (2009) NLC-123-246-2002(SC)

Civil Procedure Supreme Court

The urgency of an application under Order 26 Rule 9(2)(c) (ibid) may in the outermost of the question be a matter of mixed law and fact…

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