Principle Archive

Where a trial court unquestionably evaluates evidence and appraises facts, it is not the business of an appellate court to substitute its own views. If there…

A man ordinarily living in Maiduguri may be in possession of a vacant house in Lagos if he has the keys. However, possession capable of raising…

Where a respondent has not filed a cross-appeal, the appellate court's role is limited to seeing whether the decision of the court below is correct. Such…

Every point in controversy is loosely an issue, but for brief purposes, an issue is one so crucial that deciding it in a party's favour entitles…

It is the practice that a fresh issue cannot be entertained on appeal without the leave of this court. No such leave was sought and granted,…

Appellate court interference with an award of general damages is justified only when the award is manifestly too high or too low, raising inference of erroneous…

Strict proof of special damages requires establishing entitlement by credible evidence of such character as would satisfy the court. The general law of evidence on balance…

The distinction between special and general damages must always be borne in mind. Where a plaintiff is unable to prove special damages, his case crumbles and…

The law applicable to an action is the law existing when the cause of action arose. The Rivers State High Court had jurisdiction to entertain plaintiffs'…

Every party to a suit, and indeed every citizen, has an obligation to obey a subsisting court decision or order unless and until it is set…

It is elementary law that what is not denied is presumed to have been admitted, and facts in an affidavit not contradicted are deemed admitted.

In determining whether a court has jurisdiction, it is the plaintiff's claim (writ of summons and statement of claim) that determines the issue. From the facts…