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Substantial justice should not be sacrificed on the altar of technicalities or procedural irregularities. When an appeal court finds that technicalities or irregularities have not occasioned a miscarriage of justice it will not set aside a judgment which is otherwise impeccable in other respects. (P190, para. D)Per AKPATA, J.S.C. at page 190, paras. C-D:”There is […]

DECLARATION OF TITLE TO LAND WHETHER A PARTY SEEKING A DECLARATION OF TITLE TO LAND CAN RELY ON THE WEAKNESS OF THE DEFENCE “In a claim for declaration of title to land as in this case, the Plaintiff must establish his claim on the strength of his own case. He cannot rely on the weakness

The Appellant before the High Court of Adamawa State holden at Yola, sued the Respondents claiming title to the land in dispute. The Appellant claimed that he bought the land in dispute from Alhaji Gidado Ibrahim who was the original grantor. Alhaji Gidado Ibrahim was allocated the land by the Adamawa State Government and he

Fundamental right enforcement has a special procedure enthroned under the Constitution of the Federal Republic of Nigeria 1999 to facilitate the exercise of one’s right as dispensed under Chapter IV of the Constitution. The rights themselves are the basic and fundamental human rights which inhere in every human being. These rights are in place because