Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Claim — Relief Not Sought — Court Cannot Grant

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

Civil Procedure Supreme Court

The court does not make a practice of granting a relief not sought. … Having held and rightly in my view, that the claim for declaration…

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EVIDENCE LAW — Estoppel — Per Rem Judicatam — Decision of Tribunal of Inquiry — Not a Decision of a Court of Law

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

Evidence Law Supreme Court

The decision relied upon in the instant case is that of a Tribunal of Enquiry and not a court of competent jurisdiction. The respondents herein did…

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APPELLATE PRACTICE — Grounds of Appeal — Competency — Appeal from Court of Appeal not Trial Court

Ogunbayo v. State (2007) NLC-123-272-2005(SC)

Appellate Practice Supreme Court

This Court does not deal with an appeal against the decision of a trial court, but with that against the decision of the Court of Appeal.…

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CIVIL PROCEDURE – Remittal of Case – Failure of Trial Court to Resolve Conflicting Traditional History Evidence

Ibenye v. Agwu (1998) NLC-771992(SC)

Civil Procedure Supreme Court

Where the decision of a case depends on which party's traditional history to believe, and the trial court fails to resolve the conflict, the appellate court…

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CRIMINAL LAW — Corroboration — Definition and Nature of Corroborative Evidence

Ogunbayo v. State (2007) NLC-123-272-2005(SC)

Criminal Law Supreme Court

Corroborative evidence must be independent testimony, whether direct or circumstantial, which confirms in some material particular not only that an offence has been committed, but also…

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CRIMINAL LAW — Contradictions in Prosecution Case — When Fatal — Minor Contradictions

Ogunbayo v. State (2007) NLC-123-272-2005(SC)

Criminal Law Supreme Court

Not every minor contradiction in the prosecution's case is fatal to the prosecution's case. Contradictions will only be fatal where they are substantial and go to…

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APPELLATE PRACTICE — Grounds of Appeal — Competency — Appeal from Court of Appeal not Trial Court

Ogunbayo v. State (2007) NLC-123-272-2005(SC)

Appellate Practice Supreme Court

The Supreme Court does not deal with appeals against the decision of a trial court, but only with appeals against the decision of the Court of…

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APPELLATE PRACTICE — Preliminary Objection — Effect of Sustained Objection on Appeal

Uwazurike & Ors v. A.G., Federation (2007) NLC-123-209-2006(SC)

Appellate Practice Supreme Court

Where a preliminary objection to an appeal succeeds, the appellate court will not proceed to consider the arguments in support of the issues for determination. The…

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APPELLATE PRACTICE — Notice of Appeal — Striking Out vs Dismissal — Order after Finding of Incompetence

Uwazurike & Ors v. A.G., Federation (2007) NLC-123-209-2006(SC)

Appellate Practice Supreme Court

Where a court holds that it has no jurisdiction to entertain and determine a matter, the proper order to make is to strike out the case…

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CRIMINAL LAW — Identification Evidence — Single Witness Conviction — Whether Corroboration Required for Armed Robbery

Ndidi v. State (2007) NLC-123-128-2005(SC)

Criminal Law Supreme Court

An accused person can be convicted on the evidence of a single witness in criminal trials where the offence does not require corroboration as a matter…

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APPELLATE PRACTICE — Notice of Appeal — Signing by Appellant — Mandatory Requirement for Notice of Appeal to be Signed by Appellant Personally

Uwazurike & Ors v. A.G., Federation (2007) NLC-123-209-2006(SC)

Appellate Practice Supreme Court

Every Notice of Appeal must be signed by the appellant personally, and no other person, including legal counsel, can sign on their behalf. The requirement is…

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APPELLATE PRACTICE — Notice of Appeal — Defect — Effect of Incompetent Notice of Appeal on Appeal

Uwazurike & Ors v. A.G., Federation (2007) NLC-123-209-2006(SC)

Appellate Practice Supreme Court

A Notice of Appeal is the foundation and substratum of every appeal. Any defect in the Notice of Appeal renders the entire appeal incompetent, and the…

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