Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Pleadings — Failure to Call Evidence — Consequence of Party Failing to Adduce Evidence in Support of Pleadings

Owners of M/V Gongola Hope & Anor v. Smurfit Cases Nigeria Ltd & Anor (2007) NLC-123-121-2002(SC)

Civil Procedure Supreme Court

It is good law, that pleadings as stated by Tobi JSC in Ojoh v. Kamalu supra:- '... not being human beings, have no mouth to speak…

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MARITIME LAW — Carriage of Goods by Sea — Fundamental Breach — Hague Rules Limitation Not Available on Fundamental Breach

Owners of M/V Gongola Hope & Anor v. Smurfit Cases Nigeria Ltd & Anor (2007) NLC-123-121-2002(SC)

Maritime Law Supreme Court

When a contract of carriage is breached in such a manner and when no explanation is offered as to how the loss occurred and where the…

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CIVIL PROCEDURE — Abuse of Court Process — Institution of Suit Challenging Chieftaincy Declaration — Not Constituting Abuse

Balogun & Ors v. Ode & Ors (2007) NLC-123-107-1999(SC)

Civil Procedure Supreme Court

The suit did not constitute a gross abuse of the process of the court, and the court below erred in holding that it did.

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CRIMINAL PROCEDURE — Arraignment — Essential Requirements for Valid Arraignment

Lufadeju & Anor v. Johnson (2007) NLC-123-247-2001(SC)

Criminal Procedure Supreme Court

The requirements of a valid arraignment are set out by Ogwuegbu JSC in the case of Tobby v. State (2001) 10 NWLR Part 720 page 23…

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CRIMINAL PROCEDURE — Remand Powers — Magistrate’s Power to Remand for Indictable Offences Under Section 236(3) CPL

Lufadeju & Anor v. Johnson (2007) NLC-123-247-2001(SC)

Criminal Law Supreme Court

For a magistrate to have jurisdiction to act thereunder, the person to be remanded or possibly granted bail where the court has the jurisdiction to so…

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CRIMINAL PROCEDURE — Remand Proceedings — Distinction Between Remand and Arraignment

Lufadeju & Anor v. Johnson (2007) NLC-123-247-2001(SC)

Criminal Procedure Supreme Court

What is remand? It means to send to prison or send back to prison from a court of law to be tried later after further inquiries…

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LAND LAW — Title to Land — Proof by Document of Title — Requirements for Valid Grant

Akinduro v. Alaya (2007) NLC-123-296-2002(SC)

Land Law Supreme Court

Production of document of title is indeed one of the five ways of establishing title to land. The document so tendered in evidence must, of course,…

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CONSTITUTIONAL LAW — Judicial Powers — Jurisdiction of State High Courts — Ouster of Jurisdiction by State Law

Balogun & Ors v. Ode & Ors (2007) NLC-123-107-1999(SC)

Constitutional Law Supreme Court

Any law, particularly the law of a State, which is in conflict with it [Section 236(1) of the 1979 Constitution], is null and void.

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CIVIL PROCEDURE — Jurisdiction — Determination of — Plaintiff’s Claim as Decisive Factor

Balogun & Ors v. Ode & Ors (2007) NLC-123-107-1999(SC)

Civil Procedure Supreme Court

The issue of jurisdiction of a trial court in any particular case, is determined or decided by the claim in the Writ of Summons and the…

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LAND LAW — Injunction — Declaration of Title as Condition Precedent

Akinduro v. Alaya (2007) NLC-123-296-2002(SC)

Land Law Supreme Court

It must always be remembered that a court, at the end of a successful prosecution of a land matter and where there is a claim for…

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CONSTITUTIONAL LAW — Supremacy of the Constitution — Chieftaincy Declaration — Inconsistency with Constitutional Provisions

Balogun & Ors v. Ode & Ors (2007) NLC-123-107-1999(SC)

Constitutional Law Supreme Court

It is settled that any law (including a chieftaincy Declaration) of a State which amounts to a removal or purports to remove Chieftaincy questions or matters…

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CONSTITUTIONAL LAW — Judicial Powers — Jurisdiction of State High Courts — Ouster of Jurisdiction by State Law

Balogun & Ors v. Ode & Ors (2007) NLC-123-107-1999(SC)

Constitutional Law Supreme Court

Any law, particularly the law of a State, which is in conflict with it [Section 236(1) of the 1979 Constitution], is null and void.

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