Principle Archive – Page 89 – Nigerian LawCompass

5380 Principles 53 Areas of Law 26 Years Covered

Standard

CIVIL PROCEDURE — Parties — Joinder of Plaintiffs with Similar Claims — Permissibility

Ogunyade v. Oshunkeye & Anor (2007) NLC-123-364-2002(SC)

Civil Procedure Supreme Court

It is not the causes of action that are joined but two individuals having a similar claim of trespass joined to prosecute the claim against the…

Standard

APPELLATE PRACTICE — Issues for Determination — Competency — Must Flow from Grounds of Appeal and Relate to Decision Appealed Against

Ogunyade v. Oshunkeye & Anor (2007) NLC-123-364-2002(SC)

Appellate Practice Supreme Court

An issue for determination in an appeal must not only be derived from a legitimate ground of appeal, but must also be related to the decision…

Standard

CIVIL PROCEDURE — Judgment — Court’s Duty — Based on Issues Joined and Reliefs Sought

Ogunyade v. Oshunkeye & Anor (2007) NLC-123-364-2002(SC)

Civil Procedure Supreme Court

A judgment of court must be based and confined to the issues joined by the parties in their pleadings. A judgment unrelated to the relief sought…

Standard

APPELLATE PRACTICE — Concurrent Findings of Fact — Interference by Supreme Court — Requirements for Disturbance

Ogunyade v. Oshunkeye & Anor (2007) NLC-123-364-2002(SC)

Appellate Practice Supreme Court

Where both the trial court and the Court of Appeal have accepted evidence and made findings of fact, the Supreme Court will not ordinarily interfere with…

Standard

CONSTITUTIONAL LAW — Right of Appeal — Leave Requirement for Mixed Law and Fact

Kashadadi v. Noma (2007) NLC-123-263-2000(SC)

Constitutional Law Supreme Court

By the Constitution, the Supreme Court cannot hear an appeal on grounds of mixed law and fact unless leave of the Court or the Court of…

Standard

APPELLATE PRACTICE — Grounds of Appeal — Mere Assertion of Error of Law — Effect

Kashadadi v. Noma (2007) NLC-123-263-2000(SC)

Appellate Practice Supreme Court

Learned counsel for the respondent correctly submitted that mere assertion on the part of an appellant that a ground of appeal is based on 'error of…

Standard

CONSTITUTIONAL LAW — Impeachment — Computation of Two-thirds Majority — Vacant Seats Not to Be Excluded

Dapianlong & Ors v. Dariye & Anor (2007) NLC-123-39-2007(SC)

Constitutional Law Supreme Court

When subsection (2) of section 188 is compared with subsection (9) of section 188 it becomes clear that the expression 'of the members' and 'all the…

Standard

APPELLATE PRACTICE — Grounds of Appeal — Evidence as Factual Matter

Kashadadi v. Noma (2007) NLC-123-263-2000(SC)

Appellate Practice Supreme Court

Evidence, whether under statute, common law or customary law, is presented to the court on facts by witnesses. The facts could be oral or documentary. In…

Standard

APPELLATE PRACTICE — Grounds of Appeal — Distinction Between Grounds of Law and Mixed Law and Fact — Determination of Nature of Ground of Appeal

Kashadadi v. Noma (2007) NLC-123-263-2000(SC)

Appellate Practice Supreme Court

In determining whether a ground of appeal is one of fact, mixed law and facts or facts simpliciter, the court should go further than the ground…

Standard

APPELLATE PRACTICE — Grounds of Appeal — Approach for Determining Nature of Ground

Kashadadi v. Noma (2007) NLC-123-263-2000(SC)

Appellate Practice Supreme Court

What is required is to examine thoroughly the grounds of appeal in the case concerned to see whether the grounds reveal a misunderstanding by the lower…

Standard

CONSTITUTIONAL LAW — Impeachment — Two-thirds Majority Requirement — Meaning of “all the members” under section 188(9) of the 1999 Constitution

Dapianlong & Ors v. Dariye & Anor (2007) NLC-123-39-2007(SC)

Constitutional Law Supreme Court

Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt…

Standard

CONSTITUTIONAL LAW — Constitutional Interpretation — Clear and Unambiguous Provisions — Literal Meaning to Be Given

Dapianlong & Ors v. Dariye & Anor (2007) NLC-123-39-2007(SC)

Constitutional Law Supreme Court

The proper approach to the interpretation of clear words of statute is to follow them, in their simple, grammatical and ordinary meaning rather than look further…

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