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1974 – CASES & PRINCIPLES

A. U. DEDUWA v. EMMANUEL AMOMA OKORODUDU

ABEL O. WOLUCHEM V. DR. CHARLES INKOTARIAH WOKOMA

ABUDU LASISI V. OLADAPO TUBI

ADERELE ADEJUMO V. COLONEL MOBOLAJI JOHNSON

AFEHE HUMBE V. THE STATE

AGADA OKOIKO V. OZO ESEDALUE

AKIN OLUGBADE V. ONIGBONGBO COMMUNITY

ALFRED ONYEMENA V. THE STATE

ALHADJA SABALEMOTU A. KAIYAOJA V. LASISI EGUNLA

ALHAJI A. W. AKIBU v. JOSEPH OPALEYE

ARMEL’S TRANSPORT LTD V. TRANSCO (NIG) LTD

ASANI BALOGUN V. ALIMI AGBOOLA

B.C.ONYUIKE V. EASTERN STATE INTERIM ASSETS AND LIABILITIES AGENCY

BADER TABAA v. O.R. LABABEDI

BALE ADEGBAIYE v. JOSIAH AKINRIMISI

BRIGBO V. ENYIN PESSU

CASIMIR ODIVE v. NWEKE OBOR

CHIEF A.O. UKU V. D. E. OKUMAGBA

CHIEF ADERIBIGBE JEOBA V. OSHO OWONIFARI

CHIEF D. O. EREKU V. MILITARY GOVERNOR MID-WESTERN STATE OF NIGERIA

CHIEF D.O. OGUGUA V. ARMELS TRANSPORT LTD

CHIEF M.A. OKUPE V. FEDERAL BOARD OF INLAND REVENUE

CHIEF TIJANI JEGEDE V. ABA BAKARE GBAJUMO

CHIEF Y. ABIODUN V. CHIEF D. FASANYA

CHRISTOPHER ONUBOGU V. THE STATE

COLONEL OLU ROTIMI V. MRS. F. O. MACGREGOR

COMFORT ASABORO V. M. G. D ARUWAJI

COMMISSIONER OF POLICE MID-WESTERN STATE OF NIGERIA V. STEPHEN ORUWARE

DOMINIC OKOLO V. THE STATE

ERIC ORDOR V. JAMES NWOSU

GERTRUDE ATTE V. COMMISSIONER OF POLICE

HEAD OF FEDERAL MILITARY GOVERNMENT V. THE PUBLIC SERVICE COMMISSION OF MID-WEST STATE

HIS HIGHNESS UYO I V. NIGERIAN NATIONAL PRESS LTD

J. B. SOBOYEDE V. MINISTER OF LANDS AND HOUSING WESTERN NIGERIA

J. C. NZELU V. AFRICAN CONTINENTAL BANKJ. D. OWUMI v. PATERSON ZOCHONIS & CO (NIG.) LTD.

J. W. AMU V. J.B. ATANE

JACKIE PHILLIPS PHOTOS LTD. V. FAR EAST MERCANTILE CO. LTD

JACKSON I. SANYA V. M.A.O. JOHNSON

JOHN ESSAN V. FAGBEMIDE OLOWA

JOSEPH GWAWOH v. COMMISSIONER OF POLICE

JOSIAH AGHENHEN V. CHIEF MADUKA WAGHOREGHOR

JULIANA ODE V. THE STATE

K. NWOSU v. J. OTUNOLA

L.N. NWAJUEBO v. VINCENT ALABUA

LASISI ADEOYE ADELEBARE V. NIGER MOTORS LTD

LAWRENCE OLU-IBUKUN V. ADESOLA A. OLU-IBUKUN

LUKE ECHEAZU V. COMMISSIONER OF POLICE

M. N. UTTAH v. INDEPENDENCE BREWERY LTD

M. O. OBISANYA v. EBENEZER NWOKO

MADAM B.O. SHOBOGUN v. RAIMI SANNI

MAJOR PAUL DICKSON V. THE SOLICITOR-GENERAL BENUE-PLATEAU STATE

MAURICE DUMBO V CHIEF STEPHEN IDUGBOE

MINISTER OF LAGOS AFFAIRS MINES AND POWER V. CHIEF AKIN-OLUGBADE

MRS. EBUN OTUBANJO V. ISAIAH ADEOMI KUJORE

MRS. MARGARET IFOP V. CENTRAL BANK OF NIGERIA

MUNGO APPAH V. COSTAIN (W. A) LTD

MURMANSK STATE STEAMSHIP LINE V. KANO OIL MILLERS LTD.

MUSHUD O. BADA v. MRS. H. F. PEREIRA

NIGERIAN PORTS AUTHORITY V. CONSTRUZION GENERAL FARSURA COGEFARSPA

O. THOMPSON OKE V. ROBINSON E.A OKE

OBIDINAKA EJEANALONYE v. IKPENDU OMABUIKE

OLAIDE TUGBOBO V. CHIEF FARAMOBI ADELAGUN

OLOGUNDE ATANDA V. AKANMI

OMOSOHWOFA EBOH v. WILLIE OKI

PAULINE CHINELO OKWUOSA V. EMMANUEL AZUBUOBI OKWUOSA

PIUS AMAKOR V. BENEDICT OBIEFUNA

S. B. FASHANU V. M. A. ADEKOYA

SALAWU YOYE v. OLUBODE

SEISMOGRAPH SERVICE (NIGERIA) LTD.V. ESISO AKPORUOVO

SHELL B.P LTD V. JACOB ABEDI

SHELL BP PETROLEUM DEV. CO. V. JAMMAL ENGINEERING(NIGERIA) LIMITED

TAIWO BUCKNOR SMART V. THE STATE

THE STATE V. SAMSON GALI

UTILGAS NIGERIAN AND OVERSEAS GAS CO. LTD. V. PAN AFRICAN BANK LTD

YISAWU SHOSIMBO V. THE STATE

ZANNA MUSA HINDI V. THE STATE

ACTION – PRE-ACTION NOTICE – The Purport of pre-action notice – When pre-action notice is required – Effect on an action commenced without compliance

ACTION – SETTLEMENT BY CONSENT – Nature of settlement by consent – Whether settlement by consent must receive blessings of Court to be binding on parties

ACTION – DOCTRINE OF STANDING BY – Whether a person knowing what was passing, was content to stand by and see his battle fought by somebody else in the same interest, should be bound by the result

ADMINISTRATION OF ESTATE – LETTERS OF ADMINISTRATION – When letters of administration can be issued – Whether the deceased must reside within the jurisdiction of the Court

ADMINISTRATIVE LAW – ORDER OF CERTIORARI – Appropriate Court to entertain Certiorari – Nature of Certiorari

APPEAL – Concurrent Finding(s) of Fact(s) by trial court and Court of Appeal – When Supreme Court can Interfere therewith

APPEAL – CONCURRENT FINDINGS – Whether it is the duty of an appeal court to disturb the finding(s) of fact(s) made by a trial court – Where appeal court may interfere

ARBITRATION – Enforcement of an arbitral award – Requirement of leave of court to enforce arbitral award

BAILMENT – PROOF OF BAILMENT – On who lies the onus of proving that there is no negligence on the bailee

BAILMENT – Whether the distinction between negligence and gross negligence can be imported into a case of bailment

CONTRACT – Executory Contract – Appropriate damages to be awarded over executory contract – Whether damages for Executory Contract must flow from contract in contemplation of the parties

COURT – Good behavior – Power to bind complainant and an accused person to be of good behavior

COURT – POWER TO CALL WITNESS(ES) – Whether the Court can call a witness not called by the parties

COURT – POWERS TO RECALL WITNESSES – Whether exercisable without the consent of parties in civil cases

CRIMINAL LAW AND PROCEDURE – Contradictions in prosecution’s witness evidence – How contradictions in evidence is resolved – Effect of material contractions on the prosecution’s case

CRIMINAL LAW AND PROCEDURE – CRIMINAL LIABILITY – Whether a woman can be criminally liable for an offence committed during or shortly after labour

CUSTOMARY LAW – CUSTOMARY TENANCY – Nature of customary tenancy

CUSTOMARY LAW – CUSTOMARY TENANCY – Possessory right of a customary tenant – Whether Possessory right of a customary tenant lasts in perpetuity

CUSTOMARY LAW – Grantees of land as customary tenants and grantees of land under a traditional form of ”lease” – Distinction Between

CUSTOMARY TENANCY – Nature of interest granted to a customary Tenant – How interest granted can be determined

DAMAGES – Award of Damages by trial court – When Appellate Court may interfere with damages awarded by trial court

DAMAGES – Rule Against Double Damages – Whether Rule Against Double Damages is applicable to both actions in tort and contract

DOCUMENT – UNSIGNED DOCUMENTS – Bindingness of unsigned document

EQUITY – Equitable Defences – “Laches” and “Acquiescence” – Distinction between

EQUITY – Equitable Defences – When delay induces the defendant to alter his position – Whether can still avail

EQUITY – Laches and Acquiescence – Origin of Laches and Acquiescence – What Laches and Acquiescence entail – How laches operate

ESTOPPEL – Estoppel Per Rem Judicatam – Circumstances that must co-exist for the defendant to succeed

ESTOPPEL – Nature of estoppel – Distinction between estoppel and the plea of res judicata

EVIDENCE – EVIDENCE OF AN ACCOMPLICE – Whether an accomplice is a competent witness – Duty of the Court where there is no corroboration of evidence of an accomplice

EVIDENCE – AFFIDAVIT – Conflicts in affidavit – How conflict in affidavit Can be resolved

EVIDENCE – AFFIDAVIT – Conflicts in affidavit evidence – How it can be resolved – Whether oral evidence required to resolve conflicts in affidavit

EVIDENCE – Ascription of Probative Values to Evidence – Primary Duty of the trial court – Whether Appellate Court can substitute its views

EVIDENCE – CONFLICTS IN AFFIDAVIT – How can be resolved – Duty of the trial court to call evidence

EVIDENCE – PRESUMPTIONS – Presumption in favour of Deed – Whether 20 years old rule commence at the date of contract or at the date of the proceedings at which such deed is being offered in evidence

EVIDENCE – Whether the trial court is at liberty to elect the evidence to believe or disbelieve – If properly done – Whether Appellate Court can interfere with

EXECUTION OF JUDGMENT – WRIT OF FIERI FACIAS – Whether the bailiff or any other officer of the court is permitted to seize the goods of the judgment debtor and goods of a third party

FAIR HEARING – PRINCIPLE OF NATURAL JUSTICE – Whether an accused must be given ample opportunity to defend himself

JUDGMENT AND ORDER – Powers of courts to make orders – Whether can be in favour of any party

JUDGMENT AND ORDERS – CONSENT JUDGMENT – Whether can be corrected at the suit of a person aggrieved by such a judgment

JUDGMENT AND ORDERS – INTERLOCUTORY INJUNCTION – Bindingness of interlocutory injunction – Effect of failure to comply with interlocutory injunction

LAND LAW – ALIENATION OF FAMILY LAND – When a member of the family alienates portion of unallocated family land without  consent – Effect of – Whether action for declaration of title is maintainable against a member of the family in respect of communal land

LAND LAW – TRESPASS TO LAND – What the Plaintiff must prove to succeed in claim for trespass to land

LAND LAW – DECLARATION OF TITLE – Onus of proof – On whom lies onus of proof in action for declaration of title to land

LAND LAW – DECLARATION OF TITLE – Onus of proof – On whom lies the onus of proof – Effect of failure to discharge the onus of proof

LAND LAW – FAMILY LAND – Right to assign unpartitioned portion of family land

LAND LAW – Concurrent Possession – tenants in common – Persons concurrently in possession as joint tenants or tenants in common – Whether same thing as concurrent possession by two persons

LAND LAW – POSSESSION – Right To Retain The Possession And To Undisturbed Enjoyment Of It As Against All Wrong Doers – Whether Sufficient Against The Lawful Owner

LAND LAW – PROOF OF TITLE – Long possession – Presumption of ownership by long possession – Whether can stand when another person proves a good title – On whom lies the burden to prove right to possession

LAND LAW – PROOF OF TITLE – Whether the Plaintiff must succeed on the strength of his own case – The extent of proof – Whether the Plaintiff must establish good title against the whole world to succeed

LAND LAW – TRESPASS TO LAND – Actionable At The Suit Of The Person In Possession Of The Land – Even If He Is Neither The Owner Nor A Privy Of The Owner

LAND LAW – Trespasser in possession of land – Right to devise or convey his interest in the land or transmit it by inheritance – Who can challenge

LANDLORD AND TENANT – Validity of Term of years – Whether both the beginning and the end must be definite

LEGAL PERSONALITY – Meaning and types of legal personalities

MORTGAGE – RIGHT OF REDEMPTION – Whether right of redemption can be clogged by the pledgee

PARTNERSHIP – Partnership Rules And Principles – Secret Deals by a Partner –  Profit made by the use of any property of the partnership, including information which the partnership is entitled to – Whether  must be brought into the partnership account

PLEADINGS – BINDINGNESS OF PLEADINGS ON PARTIES – Evidence Not Supported By The Pleadings – Duty Of The Court To Ignore – Effect Of Judgment Given On Facts Not Pleaded

PLEADINGS – RULES OF PLEADING – Denial – Whether the defendant must specifically deny every averment in statement of claim

PLEADINGS – Bindingness of pleadings on parties – Whether parties can be allowed to deviate from their pleadings

PRACTICE AND PROCEDURE – PRELIMINARY OBJECTION – Whether Notice of Preliminary Objection can be entertained after issues have been joined

PROPERTY AND CONVEYANCING – Section 53 of the Registration of Titles Act – How can be successfully invoked

RES JUDICATA – Principle of res judicata – What the Defendant must show to succeed over res judicata – Effect of Successful Plea of res judicata

PLEADINGS – RES JUDICATA – Whether res judicata must be specifically pleaded as a defence

STATUTES – STATUTE OF LIMITATION – The Purpose and Application of statutes of limitation

STAY OF EXECUTION – Application for Stay of Execution – Discretionary Powers of Court to Grant Stay of Execution – Need to be Exercised Judiciously

STAY OF EXECUTION – Conditions that must co-exist to warrant the grant of stay of execution

TORT – LIBEL – Plea of justification and fair comment – Meaning of – How justification and fair comment can be established

TORT – LIBEL – What the Plaintiff must establish to succeed in libel

TORT – LIBEL – Whether words which are complained of are capable of conveying a defamatory meaning is a question of law

TORT – LIBEL – Defamatory Words – Words that are capable of conveying defamatory meaning –  Whether Court must reject strained or forced or utterly unreasonable interpretation

TORTS – DAMAGES – Rule Against Double Damages – Whether a Claimant is entitled to both Special and general damages – Duty of Court and defendant to scrutinize

WORDS AND PHRASES – “REMOVED FROM OFFICE” – Interpretation of “removed from office”: