October 2016

You have the right to comment freely on matters of public interest in Nigeria

Din v. African Newspapers Ltd [1990] 3 NWLR (Pt. 139) 392 at 408-409 paras. H-A, per Karibi-Whyte, J.S.C: “The right to comment freely on matters of public interest is one of the fundamental rights of free speech guaranteed to the individual in our Constitution. It is so dear to the Nigerian and of vital importance […]

stephenazubuike
October 28, 2016
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69 Views

Case Law

Decision of a Chief Judge refusing to transfer a case is not appealable to the Court of Appeal

Tijani v. FBN Plc [2016] 12 NWLR (Pt. 1525) 83 at 103-104, per Oseji, JCA: “It follows therefore that any exercise of the right of appeal as guaranteed by the Constitution must emanate or be identifiable with the decision of a court or tribunal and such must be within the definition of section 318 […]

stephenazubuike
October 28, 2016
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29 Views

Case Law

You cannot challenge the jurisdiction of court with a letter

Usani v. Duke [2006] 17 NWLR (Pt. 1009) 610 at 654 paras. A-B, per Ngwuta, JCA (as he then was): “The letter of 6/5/05 on the conduct of a member of the Tribunal and the bailiff attached thereto does not amount to a challenge to the jurisdiction of the Tribunal. It may well raise the issue […]

stephenazubuike
October 26, 2016
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28 Views

Case Law

Sin of counsel can be visited on litigant.

Lasaco Assurance Plc v. Deserve Savings & Loans Ltd. [2012] 2 NWLR (Pt. 1283) 95 at 116, paras. E-G, per Pemu, JCA: “In Onyemelukwe v. W.A.C.C. Ltd. (1995) 4 NWLR (Pt. 387) page 44 at 49 ratio 9, it was held that where grave injustice will be done to the adverse party or where the […]

stephenazubuike
October 26, 2016
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36 Views

Case Law

It is unethical for counsel to appear in court without the relevant case file

Madu v. Okeke [1998] 5 NWLR (Pt. 548) 159 at 164 per Tobi, JCA (as he then was and now of blessed memory): “…it is like a carpenter going to his workshop without the relevant wood. As the carpenter cannot carry out his function of carpentry, so also will the advocate not […]

stephenazubuike
October 26, 2016
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24 Views

Case Law

Oral evidence of the description of the situation of a land in dispute may serve as sufficient proof of identity

Atanda v. Iliasu [2013] 6 NWLR (Pt. 1351) 529 at 555, paras. E-F, per Ogunbiyi, JSC: “It is also significant and trite to state herewith that oral evidence of the description of the situation of a land in dispute will serve as sufficient proof of identity and which will dispense with the need to tender […]

stephenazubuike
October 25, 2016
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21 Views

Case Law

The signature of a legal practitioner must not be on the roll

Adeneye v. Yaro [2013] 3 NWLR (Pt. 1342) 625 at 632, para. H, per Jauro, JCA: “By a combined effect of the aforementioned (sections 2(1) and 24) of the Legal Practitioners Act, it is clear that the person who is entitled to practice as a legal practitioner must have had his name on the roll. It […]

stephenazubuike
October 25, 2016
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21 Views

Case Law

Requirement where a counsel is signing for and on behalf of another

Adeneye v. Yaro [2013] 3 NWLR (Pt. 1342) 625 at 633, paras. B-C, per Jauro, JCA: “The proper thing to do where a counsel is signing a process for and on behalf of another, the counsel signing must indicate his name, immediately below the signature. By indicating the name on the process, it establishes that […]

stephenazubuike
October 25, 2016
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33 Views

Case Law

On whether Court of Appeal can deliver judgment and adjourn for reasons in a governorship election matter

C.P.C. v. Yuguda [2013] 7 NWLR (Pt. 1354) 450 at 460, paras. F-G, per Peter-Odili, JSC: “…It is not for the Court of Appeal to deliver a judgment so called and adjourn for reasons, since it is not the final destination in an appeal over the Governorship disputed election nor can such a reason be […]

stephenazubuike
October 25, 2016
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13 Views

Case Law

It is abomination to kill innocent people in God’s name

Ezeugo v. State [2013] 9 NWLR (Pt. 1360) 508 at 588 paras. D-F, per Saulawa, JCA: “I have deemed it expedient to remark, at this point in time, that the circumstances surrounding the brutal and merciless setting ablaze of the deceased and other persons by the Appellant in ‘God’s name’ was most unbelievably appalling! The […]

stephenazubuike
October 25, 2016
0 Comments
20 Views

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Month: October 2016

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