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Instances in which burden of proof lies on the person asserting the negative

October 15, 2023• Category: Practice & Procedure

“I am in no doubt that this argument of appellants about negative and positive assertions is misconceived, for while it is true that the burden of proof...

Whether a public document tendered and marked rejected in the same course of proceedings can still be re-tendered and admitted into evidence

May 19, 2023• Category: Practice & Procedure

  REGENCY (OVERSEAS) CO. LTD V. ARIORI & ORS (2019) LPELR-47281(CA)  “The main issue in controversy is one dealing with whether a public...

Appellate Hearing: Tips to settle your nerves!

January 16, 2023• Category: Practice & Procedure

This is just a random post I felt should go out immediately. Perhaps I’ll edit in future, but right now, the tips should go out. More often than not,...

How Evidence of Correspondence is Proved

January 16, 2023• Category: Practice & Procedure

Practice Note:   How Evidence of Correspondence is proved:    SUIT NO. NICN/ABJ/144/2017 AYO OYARERO VS THE BRITISH HIGH COMMISSION  ...

Cross Examination is an art, but not a licence to ask any random questions

September 1, 2022• Category: Practice & Procedure

    Hi everyone! I only wished to make this post as a guide, a sort of warning while asking cross examination questions in court. More often than...

Objection on Territorial Jurisdiction – What the Defendant must prove.

September 1, 2022• Category: Practice & Procedure

 The position of the law has always been that he who asserts must prove. The usual SAINT GOBAIN PAM S. A. v. INTERNATIONAL CONSULTANTS INCORPORATED (2015)...

Are processes attached to amended pleadings still valid in law?

August 9, 2022• Category: Practice & Procedure

 However, in the case of Gusau v. Comptroller General of Customs & Ors. 2014 LPELR-23367CA 18-19, the Court of Appeal held that processes...

What is required in a land dispute when one party submits a survey plan?

July 25, 2022• Category: Practice & Procedure

 BOLANTA & ANOR v. TOSIN NOVEL FIRMS LTD (2020) LPELR-52507(CA) “From the foregoing, it is clear that the parties, that is the 1st appellant,...

What is required for a deponent in an affidavit who derives information from another source?

July 21, 2022• Category: Practice & Procedure

 “A deponent of an affidavit in any proceeding before a Court of law is a witness in the matter. Section 115 (1) of the Evidence Act, 2011 enjoins...

Joinder of Issues and the Determination of Objection on Cause of Action.

March 6, 2022• Category: Practice & Procedure

One of the common feature of preliminary objections to civil cases is the complaint of non- disclosure of reasonable cause of action. Like many objections...

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