Standard
APPELLATE PRACTICE — Fresh Point of Law — Definition
Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC)
A fresh point of law is one that was not raised by any of the parties at the trial court. Where a point of law was…
5399
Principles
53
Areas of Law
26
Years Covered
Standard
APPELLATE PRACTICE — Concurrent Findings of Fact — Interference by Supreme Court — When Justified
Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC)
The Supreme Court will not disturb concurrent findings of fact made by the trial court and the Court of Appeal unless they are shown to be…
Standard
CRIMINAL PROCEDURE — Bail — Exercise of Discretion — Appellate Interference — Concurrent Findings
Dokubo-Asari v. FRNÂ (2007) NLC-123-208-2006(SC)
An appellate court will not ordinarily interfere with the exercise of a trial court's discretion in granting or refusing bail, especially where there are concurrent findings…
Standard
CIVIL PROCEDURE — Res Judicata — Conditions for Application of Doctrine of Estoppel per Rem Judicatam
Abubakar v. Bebeji Oil and Allied Products Ltd (2007) NLC-123-110-2001(SC)
A plaintiff is caught by the plea of estoppel per rem judicatam where: (1) the parties (or their privies) in the previous case are the same…
Standard
CONSTITUTIONAL LAW — Fundamental Rights — Right to Personal Liberty — Section 35 of the 1999 Constitution — Qualified Right
Dokubo-Asari v. FRN (2007) NLC-123-208-2006(SC)
The right to personal liberty guaranteed under Section 35(1) of the 1999 Constitution is not absolute. It is a qualified right that can be lawfully curtailed…
Standard
JURISDICTION — Ouster Clause — Effect of Repeal of Enactment Containing Ouster Clause on Acts Done Thereunder
Abubakar v. Bebeji Oil and Allied Products Ltd (2007) NLC-123-110-2001(SC)
The repeal of a law does not invalidate acts lawfully done and concluded while that law was in force. Although a repealed statute is treated as…
Standard
CIVIL PROCEDURE — Cause of Action — Definition and Determination from Statement of Claim
Abubakar v. Bebeji Oil and Allied Products Ltd (2007) NLC-123-110-2001(SC)
A cause of action arises from circumstances containing different facts that give rise to a claim that can be enforced in a court of law, and…
Standard
CIVIL PROCEDURE — Abuse of Court Process — Improper Use of Judicial Process to Re-litigate Same Issue
Abubakar v. Bebeji Oil and Allied Products Ltd (2007) NLC-123-110-2001(SC)
Principle Statement: Abuse of process of the court is defined as the improper use of the process and procedure of the court by a litigant. It…
Standard
CIVIL PROCEDURE — Jurisdiction — Diplomatic Immunity — Waiver by Contractual Submission to Jurisdiction
African Reinsurance Corporation v. J.D.P Construction Nigeria Ltd (2007) NLC-123-259-2002(SC)
It is ridiculous and unethical for a party to claim that it had not waived its diplomatic immunity when it agreed in a written contract that…
Standard
CIVIL PROCEDURE — Diplomatic Immunity — Waiver — Corporate Body — Board Resolution Requirement
African Reinsurance Corporation v. J.D.P Construction Nigeria Ltd (2007) NLC-123-259-2002(SC)
 A waiver by a corporate body of its diplomatic immunity must be supported by a resolution of its board of directors, and the waiver can only…
Standard
CRIMINAL LAW — Defences — Duty of Court to Consider Available Defences
Shalla v. State (2007) NLC-123-245-2004(SC)
No court is bound to speculate on possible defences, but where evidence suggests a line of defence in a homicide trial, the court must consider and…
Standard
APPELLATE PRACTICE — Retrial — When Order of Retrial Is Not Appropriate — Where Plaintiff Fails Completely to Prove Case
Xtoudos Services Nigeria Limited & Anor v. Taisei (W.A.) Limited & Anor (2006) NLC-123-401-2001(SC)
Where a plaintiff woefully fails to prove his case, the proper order is dismissal, not retrial. A retrial is not appropriate where the plaintiff failed completely…