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“A party who makes any application whatsoever to the court, even though it be merely an application for extension of time, takes a step in the proceedings. Delivery of a statement of defence is also a step in the proceedings (see West London Diary Society Ltd. v. Abbot (1881) 44 L.T. 376). Per FATAYI-WILLIAMS, C.J.N. in OBI […]

“As the learned counsel for the plaintiff/appellant has rightly pointed out, arbitration clauses, speaking generally, fall into two classes. One class is where the provision for arbitration is a mere matter of procedure for ascertaining the rights of the parties with nothing in it to exclude a right of action on the contract itself, but leaving […]

“As we have pointed out earlier, any agreement to submit a dispute to arbitration, such as the one referred to above, does not oust the jurisdiction of the court. Therefore, either party to such an agreement may, before a submission to arbitration or an award is made, commence legal proceedings in respect of any claim or […]

“It is equally trite that the onus is on the claimant to establish his title upon a preponderance of evidence or on the balance of probability. He must succeed on the strength of his own case and not on the weakness of the defence, except where the defendant’s case supports his case. See: Kodilinye v. […]

“In the case of Chief Shogbon Fabumiyi and Anor v. Fatumo Obaje and Anor (1968) NMLR page 242, the Supreme Court (Coker, JSC., delivering the judgment) said at page 247: “A court of appeal should not easily disturb the findings of fact of a trial Judge who had the singular opportunity of listening to the […]

“This Court has in numerous cases reiterated the rule that the Court of Appeal will not ordinarily interfere with the findings of facts by the trial Judge but where there is ample evidence and the trial Judge failed to evaluate  it and make correct findings on the issue, the Court of Appeal is in as much […]

“Generally, the mere admission of incompetent evidence, not essential to the result, is not a ground for allowing an appeal. The dominant question, we think, is the broad one of whether substantial justice had been done. In the case in hand, the question is whether, looking at the proceedings as a whole, and taking into […]

Where appeal court may interfere: “It is not part of the duty of an appeal court to disturb the findings of fact made by a trial court except in exceptional circumstances where the inferences from established facts are wrong or where the findings just do not flow or follow from the given evidence. In this case, […]

“It is also trite law that, in view of Exhibit A which says in effect that the plaintiffs paid the money on behalf of the defendants in Suit No. 0/13/70 as agents, the defendants are bound by what the plaintiffs did in furtherance of the payment. It follows, therefore, that a disclosed principal is entitled […]

“In the realm of administrative law it is settled by a long line of cases that two cardinal principles – namely, that no person shall be condemned unheard and that none shall be a judge in his own cause – are implicit in the concept of fair adjudication by any authority which has any duty […]

“We have given anxious consideration to the question of the availability to the appellant of the prerogative orders for which he has now applied. The order of Certiorari lies to remove proceedings from inferior tribunals to the High Court for a variety of purposes, sometimes at common law, sometimes by statute, sometimes in virtue of both. […]

“The second complaint made by counsel appears to be borne out by the record in that the order for non-suit is to be found in the judgment itself. The view that a court of trial should refrain from making an order of non-suit without hearing from the parties or their counsel as to the desirability or […]

“In our view, the mere service of a third-party notice does not make the person on whom it is served a defendant to the main action but makes him only a defendant vis-a-vis the person serving the notice.  In the main action, the rights of the plaintiff and the defendant are determined without reference to the […]

“The principle as expressed by Dr Story in his book has been applied from time to time by the courts. See in this connection In re Hawthorne (1883) 23 Ch. D. 743; also Deschamps v. Miller, supra. The fact that jurisdiction over an action for declaration of title to land is confined to the lex forum reisitae does not eo […]

“The rule is that actions may be settled by consent during the trial. Usually, such settlement is a compromise and, in order to have a binding effect on the parties, it is imperative that it should have the blessing of the court.” Per T. O. ELIAS, C.J.N. in ABEL O. WOLUCHEM V. DR. CHARLES INKOTARIAH […]

“That the principle in favour of exempting compromise from the binding effect of a consent judgment is of general application is borne out by Lord Penzance’s words in Wytcherley v. Andrews (187 D.E.R. 2 P. & D. 327, at pp. 328-329): “On the other hand, there is a practice in this (Probate) court, by which any person […]

“It is equally trite that the onus is on the claimant to establish his title upon a preponderance of evidence or on the balance of probability. He must succeed on the strength of his own case and not on the weakness of the defence, except where the defendant’s case supports his case. See: Kodilinye v. […]

“And this court has in recent times in very many decisions drawn the attention of trial courts to the principle of law relating to orders of non-suit which is that although they have  where the Rules of Court provides them with powers to enter a non-suit-unfettered discretion to do so, it undoubtedly is wrong to do so […]

“The law is settled, as rightly submitted by learned counsel for the appellant, that a claim for declaration of title may be proved in any one of the following ways: 1. By traditional evidence; 2. By production of documents of title duly authenticated and executed; 3. By acts of ownership extending over a sufficient length […]