Principle Archive – Page 99 – Nigerian LawCompass

5422 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Identity of Land — Proof of Identity — Where Land is Well Known to Parties

Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC)

Civil Procedure Supreme Court

Where the land in dispute is well known to the parties, the plaintiff is not required to prove its identity with elaborate precision. In such circumstances,…

Standard

APPELLATE PRACTICE — Fair Hearing — Breach of Right to Fair Hearing — Burden of Proof

Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC)

Appellate Practice Supreme Court

A party alleging a breach of the constitutional right to fair hearing bears the burden of proving that violation clearly from the facts of the case.…

Standard

CIVIL PROCEDURE — Pleadings — Joinder of Issues — Identity of Land — When Identity Becomes an Issue

Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC)

Civil Procedure Supreme Court

The identity of land becomes an issue for trial only if the defendant, in his statement of defence, specifically disputes the area, location, or features shown…

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CIVIL PROCEDURE — Jurisdiction — Determination of Jurisdiction — Plaintiff’s Claim as Basis

Integrated Timber and Plywood Products Ltd. v. Union Bank Nigeria Plc (2006) NLC-123-342-2001(SC)

Jurisdiction is determined by the plaintiff's claim. It is the claim before the court that must be examined to ascertain whether it comes within the jurisdiction…

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APPELLATE PRACTICE — Leave to Appeal — Interlocutory Decisions Requiring Leave

Union Bank of Nigeria Plc v. Sogunro & Ors (2006) NLC-123-124-2001(SC)

Appellate Practice Supreme Court

An appeal on an interlocutory decision which is not on a ground of law alone is not competent when prior leave was not sought and obtained.

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APPELLATE PRACTICE — Interlocutory Appeals — Grounds of Mixed Law and Fact — Requirement of Prior Leave

Union Bank of Nigeria Plc v. Sogunro & Ors (2006) NLC-123-124-2001(SC)

Appellate Practice Supreme Court

Any ground of fact or mixed law and fact in an interlocutory appeal is incompetent without prior leave of the trial court or the court below.…

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APPELLATE PRACTICE — Competence of Appeal — Effect of Sustained Preliminary Objection

Union Bank of Nigeria Plc v. Sogunro & Ors (2006) NLC-123-124-2001(SC)

Appellate Practice Supreme Court

Where a preliminary objection succeeds, there is no need to consider arguments on other issues. The objection was so fundamental that with the decision of the…

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ADMINISTRATIVE LAW — Tribunals of Inquiry — Quasi-Judicial Functions — Power of Arrest

A.G., Lagos State v. Eko Hotels Limited & Anor (2006) NLC-123-147-2002(SC)

Administrative Law Supreme Court

The power to arrest a person who refuses to attend a tribunal is a judicial venture. Summons to appear as a witness is a known court…

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APPELLATE PRACTICE — Appeal — Affirming Decision on Different Grounds — Correctness of Decision Paramount

Integrated Timber and Plywood Products Ltd. v. Union Bank Nigeria Plc (2006) NLC-123-342-2001(SC)

Appellate Practice Supreme Court

An appellate court bases its decision on the correctness of the decision, not necessarily the reason. An appellate court will not set aside a right and…

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ADMIRALTY LAW — Admiralty Jurisdiction — Banking or Letter of Credit Transaction — Requirement for Involvement of Ship or Aircraft

Integrated Timber and Plywood Products Ltd. v. Union Bank Nigeria Plc (2006) NLC-123-342-2001(SC)

Supreme Court

Section 1(1)(h) of the Decree concerns banking or letter of credit transactions involving importation or exportation of goods. A mere act of confirming the authenticity of…

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CONSTITUTIONAL LAW — Legislative Competence — Exclusive Legislative List — Regulation of Bodies Corporate

A.G., Lagos State v. Eko Hotels Limited & Anor (2006) NLC-123-147-2002(SC)

Constitutional Law Supreme Court

The Governor of Lagos State cannot set up a Tribunal of Inquiry regarding matters in the Exclusive Legislative List, which are reserved for the National Assembly.…

Standard

CONTRACT LAW — Frustration — Contractual Right of Withholding Distinguished from Frustration

Standard (Nig) Engineering Co Ltd & Anor v. Nigerian Bank for Commerce and Industry (2006) NLC-123-252-2001(SC)

Contract Law Supreme Court

The defendant's reliance on clause 35(n) was later described as frustration. The loss of trust between the parties drove the defendant to seek refuge under the…

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