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Principle Archive

5396 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Grounds of Appeal — Incompetent Original Ground — Additional Grounds Cannot Cure Defect

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

Appellate Practice Supreme Court

Where an original ground is not competent, it cannot receive additional grounds, though competent. One cannot add something on nothing and expect the something to stand.…

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EVIDENCE LAW — Proof of Signature — Opinion Evidence — Witness Not Present at Execution May Depose Opinion on Signature

Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC)

Evidence Law Supreme Court

It is trite law that a witness who was not present as such did not see a document in dispute written or signed could depose his…

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EVIDENCE LAW — Proof of Signature — Statutory Method — Comparison of Undisputed Signature with Disputed Signature

Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC)

Evidence Law Supreme Court

In line with the provisions of Section 61(1) and (2) of the Evidence Act which provides for the method of proving signature by comparing the undisputed…

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CIVIL PROCEDURE — Declaratory Reliefs — Proof Required — Claimant Must Satisfy Court by Cogent and Credible Evidence

Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC)

Civil Procedure Supreme Court

A claim for a relief of declaration, whether of title to land or not, is not established by an admission by the defendant, because the plaintiff…

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EVIDENCE LAW — Illiteracy — Proof — Question of Fact Determinable from Evidence and Presumptions

Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC)

Evidence Law Supreme Court

There is clearly no doubt that the question of whether a person is illiterate or not is one of fact, which can be determined on the…

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CIVIL PROCEDURE — Burden of Proof — Declaratory Relief — Plaintiff Must Prove Case and Not for Defendant to Disprove Claim

Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC)

Civil Procedure Supreme Court

In respect of a claim for declaratory relief, it is for the plaintiff to prove his case and not for the defendant to disprove the plaintiff's…

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APPELLATE PRACTICE — Evaluation of Evidence — Appellate Intervention — Where Trial Court Fails to Properly Evaluate Evidence

Ayanru v. Mandilas Limited (2007) NLC-123-61-2002(SC)

Appellate Practice Supreme Court

The law is that where a trial court fails to properly evaluate the evidence on record or erroneously does so, or the conclusion reached is not…

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CONTRACT LAW — Hire Purchase — Repossession — Payment of 3/5th of Price Bars Repossession Without Court Order

Civil Design Construction Nig. Ltd v. SCOA Nigeria Limited (2007) NLC-123-216-2001(SC)

Contract Law Supreme Court

Where the Hire Purchase Act applies to a transaction and it is admitted that the appellant has paid 3/5th of the purchase price of the rig…

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EVIDENCE LAW — Pleadings — Evidence at Variance with Pleadings — Inadmissibility

Civil Design Construction Nig. Ltd v. SCOA Nigeria Limited (2007) NLC-123-216-2001(SC)

Evidence Law Supreme Court

It is trite law that evidence on a fact not pleaded grounds to no issue; where admitted, such evidence is strictly inadmissible in law primarily as…

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CIVIL PROCEDURE — Cause of Action — Reasonable Cause of Action — Meaning and Test for Determining

Chevron Nigeria Limited v. Lonestar Drilling Nigeria Limited (2007) NLC-123-170-2002(SC)

Civil Procedure Supreme Court

A reasonable cause of action means a claim with some chance of success. The test is applied solely on the allegations in the pleadings. If those…

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CIVIL PROCEDURE — Cause of Action — Essential Ingredients — Wrongful Act of Defendant and Consequential Damage

Chevron Nigeria Limited v. Lonestar Drilling Nigeria Limited (2007) NLC-123-170-2002(SC)

Civil Procedure Supreme Court

A cause of action consists of two essential ingredients: a wrongful act committed by the defendant and consequential damage suffered by the plaintiff. Both elements must…

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CIVIL PROCEDURE — Cause of Action — Assessment of Reasonable Cause of Action — Confinement to Plaintiff’s Statement of Claim

Chevron Nigeria Limited v. Lonestar Drilling Nigeria Limited (2007) NLC-123-170-2002(SC)

Civil Procedure Supreme Court

Principle Statement: In assessing whether a plaintiff has a reasonable cause of action, the court must confine itself exclusively to the facts pleaded in the statement…

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