PRINCIPLE Archives - Page 205 of 303

PRINCIPLE

COURT – JURISDICTION – Importance of jurisdiction; effect where a Court lacks jurisdiction over a matter:

PRINCIPLE08/05/2023

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ACTION- Statute barred action – The effect of a statute barred action or counter-claim

PRINCIPLE08/05/2023

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ACTION – Meaning of cause of action

PRINCIPLE08/05/2023

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ACTION – Counter Claim – Independence of a Counter Claim – Whether counter claim must comply with applicable limitation law(s)

PRINCIPLE08/05/2023

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PRACTICE AND PROCEDURE – Notice of Preliminary Objection – Whether filing of Preliminary Objection estops or precludes an affected party from taking steps to regularise a defective process

PRINCIPLE08/05/2023

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PRACTICE AND PROCEDURE – Notice of Preliminary Objection – Whether a pending Notice of Preliminary Objection estops or precludes a party from taking steps to regularise a defective process

PRINCIPLE08/05/2023

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APPEAL – Validity of Notice of Appeal – Whether Notice of Appeal can be rendered incompetent for containing both competent and incompetent grounds – Whether a single competent ground can sustain an appeal:

PRINCIPLE08/05/2023

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APPEAL – Leave to appeal – The essence of leave to appeal – Need for leave to be granted when it is obvious that prima facie error has been committed

PRINCIPLE08/05/2023

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APPEAL – Grounds of Appeal – Whether a ground of appeal attacking misunderstanding or misapplication of law is a ground of law, facts or mixed law and facts:

PRINCIPLE08/05/2023

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APPEAL – Amendment of Notice of Appeal – When Notice of Appeal can be amended:

PRINCIPLE08/05/2023

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APPEAL – Amendment of Notice of Appeal – When and how a notice of appeal can be validly amended – Duty of the court to exercise its discretion judicially and judiciously

PRINCIPLE08/05/2023

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PLEADINGS – Amendment of Pleadings – Effect of amended pleadings – The supersession/superiority of amended statement of claim over writ of summons

PRINCIPLE08/05/2023

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PLEADINGS – Amendment – The retrospective nature of amendment – Duty of Court to deem amendment to have been inserted from the beginning

PRINCIPLE08/05/2023

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PLEADINGS – Amended Pleadings – Whether amended pleadings still define the live issues before the court

PRINCIPLE08/05/2023

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LOCUS STANDI – The renewed court approach to locus standi – Need to place interest of parties over and above the outdated technical rules of locus standi

PRINCIPLE08/05/2023

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ELECTORAL MATTERS – Delineation of wards and units – Importance of Wards and Units to electoral process – Duty of Independent National Electoral Commission (INEC) to properly delineate wards and units all over Nigeria

PRINCIPLE08/05/2023

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COURT – Power of the Supreme Court – Power of the Supreme Court under section 22 of the Supreme Court Act to grant reliefs declined by the trial court

PRINCIPLE08/05/2023

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COURT – Duty of Court of Appeal – Duty of Court of Appeal as an Intermediate court to consider all issues raised by parties before it – The rationale behind the duty of the intermediate court to pronounce on all issues

PRINCIPLE08/05/2023

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ACTION – Academic suit – Attributes and nature of an academic suit

PRINCIPLE08/05/2023

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ACTION – Academic cause/matter – When a cause or matter is deemed academic – Attitude of courts to academic issues

PRINCIPLE08/05/2023

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