1986(SC) Archives - Page 7 of 18

CASE LAW – Departure from Previous Decisions – What a Party/Counsel Calling on the Court to Overrule Its Earlier Decision Must Show to Succeed

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CASE LAW – Judicial Precedent / Stare Decisis – Binding Effect of the Doctrine of Stare Decisis

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CRIMINAL LAW AND PROCEDURE – Director of Public Prosecution – Status of the Director of Public Prosecution

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CRIMINAL LAW AND PROCEDURE – Power of The Attorney-General – How the powers of the Attorney General is to be exercised by him or through the Director of Public Prosecutions

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CRIMINAL LAW AND PROCEDURE – Power of The Attorney-General – How the powers of the Attorney General is to be exercised by him or through the Director of Public Prosecutions

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INTERPRETATION OF STATUTE – RULES OF INTERPRETATION OF CONSTITUTION – Rules governing the interpretation of Constitutional provisions

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INTERPRETATION OF STATUTE – SECTION 191 OF THE 1979 CONSTITUTION – Interpretation of Section 191(1) of the 1979 Constitution as it relates to the powers of the Attorney General

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LEGISLATION – Statutory Method – The legal implication where the form of certificate prescribed by an enactment is not followed

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INTERPRETATION OF STATUTE – SECTION 22(6) OF THE POISONS AND PHARMACISTS ACT CAP. 152 OF THE LAWS OF THE FEDERATION OF NIGERIA, 1958 – Interpretation of the provision of Section 22(6) of the Poisons and Pharmacists Act, Cap 152 of the LFN, 1958

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EVIDENCE – Standard of Proof – The required standard of proof where the commission of crime is in issue in any proceedings

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COURT – Competence of Court – Effect of a court being competent

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EVIDENCE – Presumption of Due Execution of Document – When does the presumption of due execution of documents in Section 129 of the Evidence Act apply

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ACTION – Traverse – Proper mode of denial in pleadings

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CASE LAW – Inconsistent Judgments – Which should be preferred where there are two inconsistent judgments of a Court

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COURT – Supreme Court – Whether the Supreme Court would ordinarily question its own decision

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JUDGMENT AND ORDER – Delivery of Judgment – Whether the reason for a judgment read on a date when two of the members had ceased to be Justices of that Court will be valid

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EVIDENCE – Estoppel Per Rem Judicatam/Res Judicata – Criteria for identification of the two actions in considering a plea of res judicata

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EVIDENCE – Burden of Proof/Onus of Proof – On whom lies the burden of proof in civil cases

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LAND LAW – Acquisition of Land – What to be established in a claim for compensation for acquisition of land under Section 10 of the Public Lands Acquisition Act

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JUDGMENT AND ORDER – Order Of Retrial/Trial De Novo – Effect of an order of retrial

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