Principle Archive – Page 90 – Nigerian LawCompass

5390 Principles 53 Areas of Law 26 Years Covered

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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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CONSTITUTIONAL LAW — Immunity of Public Officers — Governor’s Immunity from Suit — Whether Immunity Precludes Governor from Suing in Personal Capacity

Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC)

Constitutional Law Supreme Court

The prohibition contained in section 308 of the 1999 Constitution is rather against other parties and for the benefit of the respondent and others mentioned therein…

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CONSTITUTIONAL LAW — Interpretation of Constitution — Clear and Unambiguous Provisions — Literal Interpretation Required

Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC)

Constitutional Law Supreme Court

In the interpretation of the Constitution, the court is bound by the provisions of the Constitution. Where the provisions of the Constitution are clear and unambiguous,…

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