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Principle Archive

5396 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — Cause of Action Arising Outside the Forum State

Capital Bancorp Limited v. Shelter Savings and Loans Limited & Anor (2007) NLC-123-27-2000(SC)

Civil Procedure Supreme Court

A cause of action arises where the wrongful act that gives the plaintiff a right to complain occurred. Where the gist of the action, such as…

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CRIMINAL PROCEDURE — Arraignment — Requirements for Valid Arraignment — Non-Compliance Not Fatal Where Accused Understands English

Dibie v. State (2007) NLC-123-103-2005(SC)

Criminal Procedure Supreme Court

Where the accused clearly understands English (as evidenced by their pleas, statements to police, and testimony in English), the arraignment is in compliance with the law,…

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EVIDENCE LAW — Contradictions — Material Contradiction vs. Mere Discrepancy — Minor Inconsistencies Not Fatal to Prosecution

Dibie v. State (2007) NLC-123-103-2005(SC)

Evidence Law Supreme Court

A material contradiction must go to a material point in the prosecution's case, as to create doubt in the case that the appellant is entitled to…

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CRIMINAL PROCEDURE — Arraignment — Reading and Explaining Charge — Where Accused Understands English, Omission to Record Satisfaction Not Fatal

Dibie v. State (2007) NLC-123-103-2005(SC)

Criminal Procedure Supreme Court

Where the accused understands the language of the court — English, it becomes unnecessary to record that fact. It is however, good practice to ask the…

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CRIMINAL LAW — Proof Beyond Reasonable Doubt — Standard Not Meaning Proof Beyond Any Shadow of Doubt

Dibie v. State (2007) NLC-123-103-2005(SC)

Criminal Law Supreme Court

Proof beyond reasonable doubt does not mean proof beyond any shadow of doubt. Once the proof drowns the presumption of innocence of the accused, the court…

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CRIMINAL LAW — Confessional Statement — Sufficiency for Conviction — Voluntary Confession Direct and Positive

Dibie v. State (2007) NLC-123-103-2005(SC)

Criminal Law Supreme Court

Once a confession of guilt is shown to have been made freely and voluntarily, be it judicial or extra-judicial, if it is direct, positive and properly…

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CIVIL PROCEDURE — Pleadings — Sale of Land Under Customary Law — Essential Ingredients

Orunengimo v. Egebe (2007) NLC-123-254-2002(SC)

Civil Procedure Supreme Court

To transfer an absolute title under customary law, it ought to be pleaded and proved by evidence that the sale was concluded in the presence of…

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EVIDENCE LAW — Burden of Proof — Land Matters — Original Owner Identified

Orunengimo v. Egebe (2007) NLC-123-254-2002(SC)

Evidence Law Supreme Court

Where the original owners of a property are identified, and the respondent demonstrates that the land was sold outright to their father (not merely given for…

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CIVIL PROCEDURE — Pleadings — Identity of Land in Dispute — Duty of Plaintiff

Orunengimo v. Egebe (2007) NLC-123-254-2002(SC)

Civil Procedure Supreme Court

It is the plaintiff who claims a declaration of title to land that has the duty of establishing the identity of the land in respect of…

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CIVIL PROCEDURE — Pleadings — Material Facts v. Evidence — What Must Be Pleaded

Orunengimo v. Egebe (2007) NLC-123-254-2002(SC)

Civil Procedure Supreme Court

The main aim of pleading by a party is to give the opposing party a fair notice and thus alert him of the case he has…

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APPELLATE PRACTICE — Notice of Appeal — Amendment — Void Notice Cannot Be Amended

Co-operative and Commerce Bank Plc & Anor v. Ekperi (2007) NLC-123-68-2002(SC)

Appellate Practice Supreme Court

With the finding that the said original notice of appeal cannot in law be said to have existed, it follows that what is void, or non-existent…

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APPELLATE PRACTICE — Grounds of Appeal — Validity versus Interpretation — Distinction

Co-operative and Commerce Bank Plc & Anor v. Ekperi (2007) NLC-123-68-2002(SC)

Appellate Practice Supreme Court

It is very clear that whereas an issue of the existence of a valid or binding legal mortgage questions the very existence of the origin of…

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