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Continental Sales Ltd. v. R. Shipping Inc. [2013] 4 NWLR (Pt. 1343) 67 at 85, paras. G-H, per Ogunwumiju, JCA: “E-mail is a form of communication that is set down in writing. It is not oral. The fact that it is electronic is immaterial. It is not in thin air. It can be downloaded and […]
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Ugba v. Suswam [2013] 4 NWLR (Pt. 1345) 427at 477, paras. B-D, per Rhodes-Vivour, JSC: Section 22 of the Supreme Court Act confers wide powers on this court to rehear a matter as if it was the trial court, but where the trial court no longer has jurisdiction to hear a matter this court cannot […]
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Umar v. Labo [2013] 4 NWLR (Pt. 1345) 496 at 531, paras. A-B, per Orji-Abadua, JCA: “…It is the law that once a returning officer made a declaration of the scores of the parties and returned a candidate based on that declaration, his decision is final and cannot be reviewed even by him, but, by […]
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Kubor v. Dickson [2013] 4 NWLR (Pt. 1345) 534 at 564, paras. C-D, per Onnoghen, JSC: “…The proper thing to do in law, is not to raise the same preliminary objection before this court but to appeal by way of cross appeal against the above finding/holding by that Court as that is the only acceptable […]
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Abubakar v. Nasamu (No.1) [2012] 17 NWLR (Pt. 1330) 407 at 459-460, paras. H-A, per Adekeye, JSC: “Where the limitation of time is imposed in a Constitution, Statute, Decree or Edict unless they make provision for extension of time, the courts cannot extend the time…” Notes: Mostly, in civil actions, an aggrieved party does not […]
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Atanda v. Iliasu [2013] 6 NWLR (Pt. 1351) 529 at 555, paras. C-D, per Ogunbiyi, JSC: “The law is trite that ascribing different names to land by parties is immaterial for purpose of proving identity of land.” Notes: The law is that the identity of land in dispute can be proved by: (1) The plaintiff adducing […]
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Agbule v. W.R. & P. Co. Ltd. [2013] 6 NWLR (Pt. 1350) 318 at 341, paras. B-C, per Ogunbiyi, JSC: “It goes without saying therefore that a defendant/respondent who did not protest against the name used and in fact filed processes… cannot now be heard to complain at this stage. This is because he is […]
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Unity Bank Plc v. Denclag Limited [2012] 18 NWLR (Pt. 1332) 293 at 327, paras. B-F, per Peter-Odili, JSC: “Going by decision in Okafor v. Nweke (supra) [that a firm of legal practitioners cannot legally sign any process in court], learned counsel for the respondents submits that the implication is that there was no appeal […]
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Adeneye v. Yaro [2013] 3 NWLR (Pt. 1342) 625 at 631, paras. H-C, per Jauro, JCA: “The requirement of the law is that a Notice of Appeal should be signed by the appellant or his legal practitioner…” Notes: See also USMAN v. RUWA (2017) LPELR-41990(CA). A Notice of Appeal is a very important document. It […]
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C.P.C. v. Yuguda [2013] 7 NWLR (Pt. 1354) 450 at 462, paras. B-C, per Ariwoola, JSC: “This court already decided that, where there is no valid judgment of the court below there cannot be an appeal. Once there is no longer time for the court below to exercise jurisdiction on a matter, there cannot be […]
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