Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Concurrent Findings — Attitude of Supreme Court

Amayo v. Erinmwingbovo (2006) NLC-123-323-2001(SC)

Appellate Practice Supreme Court

The Supreme Court will not disturb concurrent findings of fact by lower courts unless they are shown to be perverse.

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APPELLATE PRACTICE — Fresh Evidence — Discretion to Grant Leave to Call Additional Evidence Is Exercised Sparingly and Judiciously

United Bank for Africa Plc v. BTL Industries Limited (2005) NLC-123-301-2003(SC)

Appellate Practice Supreme Court

The discretion to grant a party leave to call new evidence on appeal is one sparingly exercised. This is because its indiscriminate use portends great danger…

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JURISDICTION — Jurisdiction of Court — Plaintiff’s Claim Determines Jurisdiction

Nkuma v. Odili & Ors (2006) NLC-123-244-2001(SC)

Jurisdiction Supreme Court

It is the plaintiff's claim that determines the jurisdiction of a trial court.

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CIVIL PROCEDURE — Enforcement of Judgments — Garnishee Proceedings — Nature and Effect of an Order Absolute

Union Bank of Nigeria Plc v. Boney Marcus Ind. Ltd. & Ors (2005) NLC-22-2001(SC)

Enforcement of Judgments Supreme Court

Once an order absolute is made, there is nothing left before the court. The court has completely determined the matter and becomes functus officio. There is…

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APPELLATE PRACTICE — Grounds of Appeal — Final vs. Interlocutory Decision — Garnishee Order Absolute is a Final Decision

Union Bank of Nigeria Plc v. Boney Marcus Ind. Ltd. & Ors (2005) NLC-22-2001(SC)

Appellate Practice Supreme Court

A final garnishee order absolute is a final decision. A judicial decision is final when it leaves nothing to be judicially determined thereafter. The court becomes…

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CIVIL PROCEDURE — Claim for Declaration of Title — Boundary dispute as aspect of ownership dispute

Odunze & Ors v. Nwosu & Ors (2007) NLC-123-387-2001(SC)

Civil Procedure Supreme Court

Much as the parties have been disputing the boundary where their respective parcels of land abut each other it is an aspect of the larger issue…

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CIVIL PROCEDURE — Claim for Declaration of Title — Identity of Land — First duty of plaintiff seeking declaration of title

Odunze & Ors v. Nwosu & Ors (2007) NLC-123-387-2001(SC)

Civil Procedure Supreme Court

It has of course been stated in a number of decided cases beginning from Baruwa v. Ogunsola (1938) 4 WACA 159 that the first duty of…

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LAND LAW — Declaration of Title — Burden of proof on plaintiff

Odunze & Ors v. Nwosu & Ors (2007) NLC-123-387-2001(SC)

Land Law Supreme Court

A heavy burden is on the respondents' (plaintiffs) to satisfy the court by their evidence that they are entitled to the declaration of title to the…

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APPELLATE PRACTICE — Jurisdiction of Court of Appeal — Interlocutory Appeals — Propriety of making final orders on undetermined issues in an interlocutory appeal

Military Administrator (Ekiti State) & Ors v. Aladeyelu & Ors (2007) NLC-123-8-2006(SC)

Appellate Practice Supreme Court

The Court of Appeal has no business whatsoever of deciding the issues raised in the main trial, in claims 6, 7, 8, 9 and 10, by…

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CIVIL PROCEDURE — Limitation of Actions — Cause of Action — Meaning and definition of cause of action

Military Administrator (Ekiti State) & Ors v. Aladeyelu & Ors (2007) NLC-123-8-2006(SC)

Civil Procedure Supreme Court

A cause of action has been defined by this Court in various cases to mean a factual situation existence of which entitles one person to obtain…

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LIMITATION LAW — Cause of Action — Accrual of Cause of Action — Where Chieftaincy Declaration Requires Registration Before Taking Effect

Military Administrator (Ekiti State) & Ors v. Aladeyelu & Ors (2007) NLC-123-8-2006(SC) a

Limitation Law Supreme Court

Where a chieftaincy declaration is required by law to be registered before it can take effect, the cause of action for challenging that declaration does not…

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CIVIL PROCEDURE — Pleadings — Declaration of Title to Land — Five Ways of Proving Title

Yusuf v. Adegoke & Anor (2007) NLC-123-15-2002(SC)

Civil Procedure Supreme Court

A plaintiff claiming declaration of title to land may prove ownership through any of five recognized methods: (1) traditional evidence (history of title); (2) production of…

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