Saturday, 13 December 2025

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Saturday, 13 December 2025

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Month: January 2017

Court of Appeal of Nigeria
Case Law

The Court of Appeal has a duty to pronounce on other issues where it holds that the trial court lacked jurisdiction.

Katto v. Central Bank of Nigeria [1991] 9 NWLR (Pt. 214) 126 at 149, paras. G-H, per Akpata, JSC: “Where a trial court after holding that it had jurisdiction proceeded to determine the matter before it and an intermediate Court of Appeal thinks the trial court lacked jurisdiction, the said intermediate court should in the alternative resolve the complaints […]

Admission of evidence
Case Law

Filing a Notice of Discontinuance after obtaining substantial advantage is an abuse of court process.

The Vessel “Saint Roland” v. Osinloye [1997] 4 NWLR (Pt. 500) 387 at 412 paras. B-D,  per Iguh, JSC: “…It is a clear abuse of process to use the machinery of Notice of Discontinuance without leave to improve a plaintiff’s position unjustly. See Castanho v. Brown and Root, supra at 114-115. Similarly, filing a Notice of Discontinuance […]

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