Legal Papers and Articles

Introduction This article will not and does not address the mechanics and intricacies of preparing briefs of argument which is actually very different from preparing a final written address. For an exposition on how to write briefs of argument, this piece on Nigerian guru website is most apposite. Also, a number of other reading resources… Read more: Practice Guide: Arguing An Appeal At the Court of Appeal in Nigeria

Written by Timothy Oputa LLB (in view) Introduction In the past decades and still counting, dogs have been considered to be man’s best friend. Unsurprisingly, the popular simile; “as faithful as a dog” only reinforces this stance. For various reasons and purposes, people keep different kinds of animals as pets. More thrilling to note is… Read more: LIABILITY FOR PET OWNERSHIP IN NIGERIA

Written by Carrington Omokaro, Esq The Supreme Court in the case of Odey v. Alaga (2021) 13 NWLR (Part 1792) 1 delivered on 25th of February, 2021 in a split decision of 4-3 decided that a Notice of Appeal must be served on the respondent personally and that service of a Notice of Appeal on… Read more: SUPREME COURT HAS OVERRULED THE DECISION IN ODEY V ALAGA

What is Jurisdiction? UKUT & ORS v. APC & ORS (2019) LPELR-47203(CA) “By way of prefatory remarks, jurisdiction, a mantra in adjudication, connotes the authority/power of a Court to determine a dispute submitted to it by contending parties in any proceeding, see Ajomole v. Yaduat (No. 1) (1991) 5 SCNJ 172; Mobil Pro. Co. Unltd.… Read more: Nigerian Cases on Jurisdiction.

Proving the Ingredients of an Offence Ingredients of the Offence of Armed Robbery UTTO v. STATE (2021) LPELR-56230(SC) “Now the essential ingredients for the offence of armed robbery have been stated by this Court in a host of authorities. I wish to restate them here as follows:- (1). That these was a robbery (2). That… Read more: Cases and Principles on Criminal Trials in Nigeria Vol. 2

Standard of Proof in Criminal Cases Relevant Sections of the Evidence Act – Section 135 of the Evidence Act 2011 Synopsis – The standard of proof in criminal cases is now established to be proof beyond reasonable doubt and not proof beyond every shadow of doubt. A pertinent question would be what amounts to proof… Read more: Cases and Principles on Criminal Trials in Nigeria

Written by Carrington Omokaro, Esq An averment in a statement of defence which states “The defendant denies paragraph _ and puts l NJ the plaintiff to the strictest proof” or “The defendant is not in a position to admit or deny _ and will at the trial put the plaintiff to proof”, amounts to an… Read more: INSUFFICIENT DENIAL IN PLEADINGS

Written by Carrington Omokaro, Esq Making reference to a land dispute, Mr. A sues Mr. B in 2012 asking the court to declare him the owner of the land in dispute. Mr B did not counter-claim. The court eventually holds that Mr. A has failed to prove title to land. Mind you, Mr. B did… Read more: RES JUDICATA V ISSUE ESTOPPEL