January 2017

Exceptions to the ‘Suo Motu’ procedure

Gbagbarigha v. Toruemi [2013] 6 NWLR (Pt. 1350) 289 at 310, paras. C-G, per Rhodes-Vivour, J.S.C.: “When a Judge raises an issue on his own motion, or raises an issue not in the contemplation of the parties; or an issue not before the court, the Judge is said to have raised the issue suo motu. […]

stephenazubuike
January 17, 2017
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107 Views

Case Law

Failure to move preliminary objection to an appeal during the hearing of the appeal is fatal.

N. D. P. v. I. N. E. C. [2013] 6 NWLR (Pt. 1350) 392 at 412, paras. D-G, per Ariwoola, J.S.C.: “It is pertinent to refer to the notice of preliminary objection given by the respondent on page 4 of its brief of argument. It is equally apposite to say that the said preliminary objection […]

stephenazubuike
January 16, 2017
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80 Views

Case Law

Where an appeal is wrongly headed, it does not affect the hearing of the appeal.

Registered Trustees, A. O. N. v. N.A.M.A. [2014] 8 NWLR (Pt. 1408) 1 at 30 paras. G-H, per Okoro, J.S.C.: “I must say that the respondent herein as appellant at the court below may have goofed when it decided to use the name of the appellant herein as originally and inappropriately used at the […]

stephenazubuike
January 16, 2017
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48 Views

Blood relative not necessarily a tainted witness

Case Law

Special damages must be strictly proved; it is not enough that the evidence was unchallenged.

MTN Nigeria Communications Ltd v. A.C.F.S. Ltd [2016] 1 NWLR (Pt. 1493) 339 at 357 para A, per Bada, JCA: “Although an unchallenged evidence ought to be believed by the court and relied upon, however, in matters of special damages, the fact that evidence is unchallenged does not mean that the court must rely […]

stephenazubuike
January 12, 2017
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76 Views

Case Law

An arbitration clause in a commercial contract cannot hinder investigation of crime.

Danfulani v. E.F.C.C. [2016] 1 NWLR (Pt. 1493) 223 at 246 paras. C-D, per Adefope-Okojie, J.C.A.: “I am in agreement with the 3rd Respondent that were a crime has been committed or suspected, an arbitration clause in a commercial contract may not be held to bind the aggrieved party. The lower court, I accordingly […]

stephenazubuike
January 12, 2017
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78 Views

Case Law

A Statement of Claim not signed by a legal practitioner is incompetent but does not affect the Writ of Summons duly signed.

Hamzat v. Sanni [2015] 5 NWLR (Pt. 1453) 486 at 505-506 paras. H-C, per Ariwoola, JSC: “…The Statement of Claim upon which the evidence relied upon by the trial court was based having been signed by a person not known to law as a legal practitioner, as required by our law, is incompetent, it deserves […]

stephenazubuike
January 6, 2017
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120 Views

Case Law

A court cannot order stay of execution of garnishee order absolute.

Zenith Bank Plc. v. John [2015] 7 NWLR (Pt. 1458) 393 at 423, paras. C-G, per Peter-Odili, J.S.C.: “…[There] is thrown up a fundamental matter of this court being called upon to make an order affecting a Garnishee Order Absolute against which there is no appeal. It is stating the obvious that a Garnishee Order Absolute means an executed […]

stephenazubuike
January 6, 2017
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116 Views

Case Law

A court can set aside the judgment of another court of concurrent or co-ordinate jurisdiction.

Nen Ltd. v. Asiogu [2008] 14 NWLR (Pt. 1108) 582 at 593 paras. B-C, per Galadima, JCA: “There are certain situations where a court of concurrent or co-ordinate jurisdiction can set aside the judgment or order of another court and such circumstances include where the writ or application was not served on the other party, […]

stephenazubuike
January 6, 2017
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92 Views

Case Law

A litigant has a duty to monitor the progress of his case

N. A. C. B. LTD. v. Ozoemelam [2016] 9 NWLR (Pt. 1517) 376 at 407-408, paras. H-A, per Ngwuta JSC: “Again, the appellants were not only indolent but treated the matter in court in which they were involved as defendants with utter contempt. A person with a case in court, either as plaintiff or as […]

stephenazubuike
January 5, 2017
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69 Views

Case Law

Decisions of the National Industrial Court not generally appealable to the Court of Appeal as of right.

Governing Board, RUGIPOLY, Ondo State v. Ola [2016] 16 NWLR (Pt. 1537) 1 at 24, paras H-D: “By section 243(2) and (3) of the Constitution, appeal shall lie from the decision of the National Industrial Court as of right to the Court of Appeal on questions of fundamental right as contained in Chapter IV of the Constitution on matters upon […]

stephenazubuike
January 3, 2017
0 Comments
101 Views

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Month: January 2017

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