May 18, 2024

15 Principles of Law by Carrington Osarodion Omokaro, Esq.

  1. It is the substantive law in operation at the time an offence is said to have been committed that has to be referred to when a person is being charged to court – Daudu v. FRN (2018) 10 NWLR (Part 1626) 169
  2. Proper custody is irrelevant to the issue of admissibility. The fact that a document does not come from proper custody only affects the weight and not admissibility. Conversely, the fact that a document came from proper custody, doesn’t make it admissible Torti v. Ukpabi & Ors. (1984) 1 S.C. 370
  3. Failure to object to a document being tendered will bar the opposing party from complaining later unless the document is inadmissible in law – Omega Bank (Nig) Plc v. OBV Ltd (2005) 8 NWLR (Part 928) 547
  4. Pleadings and Evidence must not be verbatim – Ojo v. Anibire (1999) 11 NWLR (PT. 628) 630
  5. A party who is in disobedience of an order of court cannot be seeking the exercise of the courts discretion in its favour. Odogwu v. Odogwu (1992) 2 NWLR (Part 225) 539
  6. It is the duty of the Court to provide the atmosphere for fair hearing but it is not the duty of the Court to make a party take advantage of fair hearing – Newswatch Comm. Ltd v. Atta (2006) 12 NWLR (Part 993) 144
  7. No one should be allowed to benefit from his own wrong – Solanke v. ABED (1962) 1 ALL NLR 230
  8. The Law permits a plaintiff to call his opponent as a witness – Obolo v. Aluko (1976) 1 NMLR 334
  9. A Judgment debtor has the right to be heard when he intends to bring to the attention of the court that the judgment creditor is claiming an inappropriate amount or that he presented misleading facts – Gwede v. DSHA (2019) 8 NWLR (Part 1673) 30
  10. Trial court cannot determine an application pending before the Court of Appeal – AG ONDO STATE v. TENE (2015) LPELR-25730 (CA)
  11. Any order dismissing an appeal for failure to file appellant’s brief within time, when I deed the time within which to file had not lapsed, is a defective & null order- Buhari v. Yabo (2018) 9 NWLR (Part 1624) 197.
  12. A Challenge to the competence of a Notice of Appeal cannot be raised by a counter-affidavit. It ought to be by way of a preliminary objection – Stanbic IBTC v. LGC Ltd (2022) 8 NWLR (Part 1831) 45
  13. The Burden of proving a fact rests on the party who asserts the affirmative of the issue & not upon the party who denies it – for a negative is usually incapable of proof – Omisore v. Aregbesola (2015) 15 NWLR (Part 1482) 205.
  14. Courts cannot take Judicial Notice of Government circulars – Katto v. CBN (1991) 9 NWLR (Part 214) 126
  15. A Judge should not consider & give considerations to matters not before him nor discard/fail to consider evidence before him – UBA v. GMBH (1989) 3 NWLR (Part 110) 374.

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