Items filtered by date: Friday, 26 April 2024
ADMISSION AGAINST INTEREST - Whether a party can rely on an admission against interest of the adverse party
HELD:
NEGLIGENCE - What a plaintiff must prove to establish negligence
HELD:
STANDARD OF PROOF - Standard of proof in civil cases
HELD:
ADMISSION/ADMITTED FACT(S) - Whether admission/admitted facts need further proof
HELD:
PROOF - How rate of interest of a bank is to be proved
HELD:
"However, where the bank interest is the subject of litigation as in the instant case, it behoves on the bank to plead and lead evidence on the rate or other facts that will enable the Court to see how it arrived at the amount claimed as simple or compound interest.
INTEREST ON CREDIT FACILITIES - Power of banks to charge interest on loans, overdraft and other advances
HELD:
"It is trite law that a bank is entitled to charge interest on any loan until the credit facility granted the customer is liquidated.
NEGLIGENCE - Instance(s) where a defendant will not be held liable for negligence
HELD:
"Can it be sincerely said that the Appellants who instructed the Respondent to sell the shares and who later applied for a roll-over of the overdraft facility using the same shares as collateral, expected the Respondent to still carry out their previous instruction to sell the shares?
NEGLIGENCE - Ingredients a plaintiff/claimant must prove to succeed in an action for negligence; standard of proof required
HELD:
"The law therefore places a burden on the plaintiff to prove that the defendant was negligent.
NEGLIGENCE - Meaning and nature of negligence
HELD:
"In Diamond Bank Ltd v. Partnership Investment Co. Ltd & Anor (2009) LPELR-939(SC) at page 18 paras. C, Ogbuagu, JSC intoned:
