Court

The doctrine of frustration of contract was described in the case of Diamond Bank Ltd V. Ugochukwu (2008) LPELR-8093 (CA) where the Court said “Frustration would occur where it is established to the satisfaction of the Court that due to a subsequent change in circumstances which was clearly not in the contemplation of the parties, the contract has become impossible to perform.

An offence unknown to law is any act or omission of which the consequence is not punishable under the Nigerian Law. The focus of this article being the excerpt from section 36 (12) of the Constitution of the Federal Republic of Nigeria (as amended).

A successful plea of provocation under Nigerian Justice System, is not exculpatory; it is a mitigating factor that whittles down punishment for culpable homicide punishable with death to that of culpable homicide not punishable with death.

The position on whether the presence of an arbitration clause in a contract ousts the jurisdiction of the Court in Nigeria is controversial. Although the court is under obligation to respect and enforce the agreement of parties to a contract, this cannot automatically deprive a party of the Constitutionally guaranteed right of access to the Court.

An Appellate Court will not treat lightly nor interfere with the findings of facts of any trial Court unless such findings are perverse, not supported by evidence, unreasonable, or have occasioned a miscarriage of justice.

There are two ways an aggrieved party can exercise a right of appeal against the decision of the Court; it can be either as of right, or with leave of Court. In what circumstances can the decision of a High Court be appealed against as of right, and what situations require the leave of Court? This article answers that.