October 2016

A notice of preliminary objection is an interlocutory motion and may be decided along with the substantive suit.

Anibaba v. Badejo [2013] 5 NWLR (Pt. 1346) 42 at 62 paras. E-H, per Saulawa, JCA: A notice of preliminary objection, for all intents and purposes, is an interlocutory motion. On discretionary power of court to determine interlocutory application with substantive suit. “In the instant case, it’s so obvious, as copiously alluded above, that issues […]

stephenazubuike
October 25, 2016
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Case Law

Writ of Summons is like Kola Nuts and Hot Drinks

In our traditional settings, using the Igbo tribe of Nigeria as an example, where a person has a case against his fellow kinsman, he is required to table same before the elders (mainly orally). This oral presentation of a case is usually accompanied by kola nuts and sometimes hot drinks before it can be welcomed […]

stephenazubuike
October 25, 2016
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22 Views

Case Law

On whether judgment of a court of competent jurisdiction can be reviewed by another authority

Ogunleye v. Aina [2011] 3 NWLR (Pt. 1235) 479 at 580, para E, per Agube, JCA: “…Under normal circumstances by virtue of sections 6 and 287 of the Constitution of the Federal Republic of Nigeria 1999, no authority, be it executive or legislative can review the judgment of a court of competent jurisdiction.” Notes: The adjudicatory […]

stephenazubuike
October 25, 2016
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50 Views

Case Law

An appellant can file two notices of appeal

Bilante Intil Ltd. v. N.D.I.C. [2011] 15 NWLR (Pt. 1270) 407 at 422, paras. F-G, Fabiyi, JSC: “An appellant can file two notices of appeal. However, he must choose which of them he intends to rely upon.” Notes: A notice of appeal is in the rank of an originating process for it is by it […]

stephenazubuike
October 25, 2016
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14 Views

Case Law

On vagueness of ground of appeal and an argumentative ground

Ogbodu v. S.S.A.U.T.H.R.I.A.I. [2013] 3 NWLR (Pt. 1341) 261 at 278, paras. C-F, per Shoremi, JCA: “A ground which is vague or general in terms is not permissible. Vagueness of a ground may arise as it is in this instant case couched in a manner that does not provide any explicit standard for its being understood […]

stephenazubuike
October 25, 2016
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18 Views

Case Law

On importance of the use of nomenclature in matters relating to land and landed property

Osadebe v. Osadebe [2013] 3 NWLR (Pt. 1342) 584 at 601, paras. D-G, per Oseji, JCA: “…It is of utmost importance to state here that in matters relating to land and landed property the application and use of a particular nomenclature such as “partition”, allotment (e.t.c.) matters a lot as it could make a difference […]

stephenazubuike
October 25, 2016
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13 Views

Case Law

Failure of court to consider issues raised before it amounts to breach of fair hearing.

Anambra State Government v. Anambra State House of Assembly [2013] 3 NWLR (Pt. 1341) 236 at 256, paras. A-B, per Jauro, JCA: “Ordinarily where an issue has been raised by a party and the said issue distilled from the issues joined from the pleadings, the failure of the court to consider such an issue amounts to […]

stephenazubuike
October 25, 2016
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18 Views

Case Law

On construction of expropriatory statutes

Provost Lagos State College of Education v. Edun [2004] 6 NWLR (Pt. 870) 476 at 509, paras. D-E, per Tobi, JSC (of blessed memory): “It is settled law that expropriatory statutes which encroach on a person’s proprietary rights must be construed fortissime contra preferentes that is strictly against the acquiring authority but sympathetically in favour […]

stephenazubuike
October 25, 2016
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16 Views

Case Law

A court can set aside its decision made without jurisdiction

Egunjobi v. Federal Republic of Nigeria [2013] 3 NWLR (Pt. 1342) 534 at 564, para A, Muhammad, JSC: “Where a court discovers that it acted without jurisdiction, it can fall back on its inherent jurisdiction to set aside its decision in the matter.” Notes: According to Brian A. Garner (ed). Black’s Law Dictionary, 9th edition, […]

stephenazubuike
October 25, 2016
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19 Views

Case Law

Where a court admits a piece of evidence, the whole of the evidence must be used.

Procter & Gamble Co. v. G.S. & D. Ind. Ltd. [2013] 1 NWLR (Pt. 1336) 409 at 455, paras. C-D, per Ogunwumiju, JCA: “…Where a court admits a piece of evidence, the whole of the evidence must be used. Courts may not analyse and depend on a piece of evidence in support of a party’s […]

stephenazubuike
October 25, 2016
0 Comments
36 Views

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Month: October 2016

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