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@lawstudentaide
CASE BRIEF: OGUNTOLA V. THE STATE.
CASE BRIEF: OGUNTOLA V. THE STATE.
CASE TITLE: Saheed Oguntola v. The State.
CITATION: (2007) 12 NWLR (Pt. 1049) 617 CA.
AREAS OF LAW: Criminal Law, Evidence, Proceedure
SUMMARY OF FACTS AND HISTORY:
Saheed Oguntola (3rd accused, now appellant) was arraigned on a four-count charge of conspiracy and robbery alongside two others as 1st and 2nd accused, at the High Court of Ogun State sitting at Abeokuta. After careful…
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CASE BRIEF: WOMILOJU & ORS V. ANIBIRE & ORS.
CASE BRIEF: WOMILOJU & ORS V. ANIBIRE & ORS.
CASE TITLE: RAFIU WOMILOJU & ORS V. FATAI OGISANYIN ANIBIRE & ORS.
CITATION: (2010) 10 NWLR (Pt. 1203) 545
AREAS OF LAW: Constitutional Law, Procedure
SUMMARY OF FACTS AND HISTORY:
Womiloju & Ors (plaintiffs, now respondents), brought this action, in respect of a piece of land, against Anibire & Ors (defendants, now appellants), at the High Court of Ogun State. The plaintiffs sought,
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PLEADINGS
Pleadings are averred facts in numbered paragraphs which parties rely on to present their case, so that the adverse party is not taken by surprise. The facts in the pleadings must be concise and unambiguous. See PDP v. INEC (2012) 7 NWLR (Pt. 300) 538 at 566.
Pleadings are used for matters that are civil in nature, especially those originated by Writ of Summons. Pleadings state material facts…
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OLOMOSOLA & ANOR V. OLORIAWO & ANOR.
OLOMOSOLA & ANOR V. OLORIAWO & ANOR.
CASE TITLE: Josiah Olomosola & Anor v. Chief Aladire Oloriawo & Anor.
CITATION: (2002) 2 NWLR (Pt. 750) 113.
AREAS OF LAW: Evidence, Procedure
SUMMARY OF FACTS AND HISTORY:
Oloriawo and Fatuas Isaac (Plaintiffs, now respondents) brought an action at the High Court of Ondo State, against Olomosola and Farukanmi Amos (defendants, now appellants), in respect of the Ausi Chieftancy of…
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TRESPASS TO CHATTEL.
A chattel generally means personal possession: all things you own excluding real estate. Trespass to chattel is a direct and wrongful interference with a chattel in the possession of the plaintiff, such interference being either intentional or negligent. Trespass to chattel may take different forms such as destroying, damaging, or wrongfully moving them from one place to another. The interest of…
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MISREPRESENTATION - CONTRACT LAW
MISREPRESENTATION – CONTRACT LAW
Misrepresentation simply means a false statement of a material fact which induces the formation of a contract. A misrepresentation is a false or untrue or misleading statement of fact made by one party, which induces or affects the other party’s decision to enter into a contract. It is usually made prior to the contract being formed. The statement need not be entirelyfalse. It suffices, if the…
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CASE BRIEF: OLOJE V. ALAWO.
CASE BRIEF: OLOJE V. ALAWO.
CASE TITLE: Alhaji Moro Saadu Oloje v. Alhaji Wahab Alawo
CITATION: (2003) LPELR-12331 (CA)
AREAS OF LAW: Practice and Procedure, Evidence
SUMMARY OF FACTS AND HISTORY:
Alawo (plaintiff, now respondent) brought an action at the Kwara State High Court against Olojo, (defendant, now appellant), claiming general and special damages for the unlawful seizure of her vehicle (a lorry). The…
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CASE BRIEF: ANIMASHAUN V. OLOJO.
CASE BRIEF: ANIMASHAUN V. OLOJO.
CASE TITLE: Alhaja Juradat Animashaun v. G. A. Olojo
CITATION: (1990) NWLR (Pt. 154) 111
AREAS OF LAW: Equity, Land Law
SUMMARY OF FACTS AND HISTORY:
Olojo (defendant, now respondent), purchased a particular piece of land, but obtained no deed of conveyance for it, however he was in possession. Animashaun (plaintiff, now appellant) purchased the same piece of land at a later date…
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DURESS IN CONTRACT LAW
DURESS IN CONTRACT LAW
Duress is a common law concept which refers to any unlawful threat or coercion used by a person to induce another to enter into a contract or comply with a demand, which he would not yield if he was acting freely. Simply put, it is a means by which a person is forced into a contract.
Traditionally, duress at common law meant threats of violence or actual violence to the person or his personal…
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AN OVERVIEW OF HIRE PURCHASE LAW IN NIGERIA.
AN OVERVIEW OF HIRE PURCHASE LAW IN NIGERIA.
The concept of Hire Purchase is an important aspect of commercial transactions and its development has contributed significantly to the commercial world. In Nigeria, Hire Purchase contract is governed by the Hire Purchase Act and common law. The Act applies generally, while rules of common law apply in cases outside the applicability of the Act and agreements that were already in existence before…
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CASE BRIEF: MUZAKH ENGR. CO LTD V. AHMED ALI.
CASE BRIEF: MUZAKH ENGR. CO LTD V. AHMED ALI.
CASE TITLE: MUZAKH ENGINEERING CO. LTD V. AHMED ALI KAHTAN.
CITATION: (2010) LPELR-4385 (CA)
SUMMARY OF FACTS AND HISTORY:
Ahmed Ali (plaintiff, now respondent), entered into an agreement with Muzakh Engr. Co LTD (defendant, now appellant), as a commission agent to secure a contract with the Petroleum Trust Fund. The agreement was allegedly entered into by the chairman of the appellant’s…
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THE PLEA OF RES JUDICATA
THE PLEA OF RES JUDICATA
Res judicata, otherwise fully know as ‘res judicata pro veritate accipitur’ is a Latin phrase which means, ‘a thing adjudicated is received as a truth’. It means, ‘a matter already judged’. It is an affirmative defence barring the same parties from litigating a second lawsuit on the same claim, or any other claim arising from the same transaction or series of transactions and that could have been…
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CASE BRIEF: AHMADU MAKUN & ORS V. FUT, MINNA & ORS.
CASE BRIEF: AHMADU MAKUN & ORS V. FUT, MINNA & ORS.
CASE TITLE: AHMADU MAKUN & ORS V. FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS.
CITATION: (2011) LPELR-SC. 241/2002.
AREAS OF LAW: LAW OF EVIDENCE, LAND LAW
SUMMARY OF FACTS AND HISTORY:
Ahmadu Makun & Ors (plaintiffs, now appellants), instituted an action at the Niger State High Court sitting at Minna in a representative capacity for themselves and on behalf of the entire members…
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DEFENCE OF ALIBI
The defence of Alibi is not provided in the Criminal Code, neither is the term defined. Etymologically, the term ‘alibi’ is a derivation of two Latin words, ‘alius’ meaning ‘other’ and ‘ibi’ or ‘ubi’ meaning ‘there’ or ‘where’. Black’s Law Dictionary, 8th edn,defines Alibi as, a defence based on the physical impossibility of a defendant’s guilt by placing the defendant in a location other than…
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THE RULE IN RYLANDS V FLETCHER
THE RULE IN RYLANDS V FLETCHER
In tort law, strict liability is a liability which does not depends on actual negligence or intent to harm. The law imposes strict liability to situations it considers to be inherently dangerous. The rule in Rylands v. Fletcher, is a strict liability tort. The rule is an extension of the tort of nuisance, and can be confused with nuisance, but they’re not the same. However, a single act could…
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DEFAMATION IN TORT LAW
DEFAMATION IN TORT LAW
According to salmond (2008), the law recognises that freedom of expression is a universal right: “everybody has the right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.” In as much as the law protects the right to freedom of expression,…
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OFFENCES: RAPE
Rape is a type of sexual assault. The term originates from the Latin word, ‘rapere’ which means, ‘to seize and take away by force’.
The offence of rape is created by section 357 of the Criminal Code, applicable in Southern Nigeria. The section defines rape as the unlawful carnal knowledge of a woman or girl without her consent, or with her consent, if consent is obtained by force or by means of…
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