January 2018

Trial court may order substituted service even without an attempt at personal service.

Zakirai v. Muhammad [2017] 17 NWLR (Pt. 1594) 181 at 227, paras. C-G, per Augie, JSC: “There it is – the trial court may order substituted service either after “or without an attempt at personal service”. The word “may” makes room for the exercise of discretion. It is an enabling and permissive word and […]

stephenazubuike
January 26, 2018
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82 Views

Case Law

Failure to comply with section 97 of the Sheriffs and Civil Process Act is a mere irregularity that can be waived.

Zakirai v. Muhammad [2017] 17 NWLR (Pt. 1594) 181 at 230-231, paras. G-D, per Augie, JSC: “His [The Appellant’s] objection was a complaint against the competence of the trial court to entertain the suit because the originating summons was not endorsed or marked as required by the said Act and Rules, which touches on the […]

stephenazubuike
January 26, 2018
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83 Views

Case Law

Leave of court is not required in all cases to issue a writ for service outside jurisdiction.

Zakirai v. Muhammad [2017] 17 NWLR (Pt. 1594) 181 at 217-218, paras. H-C, per Augie, JSC: “…The Appellant has not come up with convincing arguments to counter the finding of the court below that the provisions of the 2009 Rules impose no obligation on the first Respondent to obtain “leave to issue” the Originating […]

stephenazubuike
January 26, 2018
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94 Views

Falsification of age for election purposes must relate to circumventing the age limit to contest the election.

Case Law

It is an attitude of a rogue for learned counsel to lie on his health condition just to delay a matter.

Hallam Satmak v. Commissioner of Police & Anor. – Suit No. PLD/J148M/2016, Per Longji J.: “Well, my obseevation was that of bewilderment; that a counsel should lie with his health that he was hospitalised, just to delay the hearing of this matter is indeed shameful and uncalled for. It is unbecoming of a lawyer, […]

stephenazubuike
January 23, 2018
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46 Views

Special Feature

THE CASE OF SIFAX NIGERIA LTD VS MIGFO NIGERIA LTD: WAS THE COURT OF APPEAL LAYING DOWN THE PRECEDENT OF NOT FOLLOWING PRECEDENTS?

‘…Nobody knows, until a case has come to trial, what will emerge from all the “authorities”… Every lawyer is aware of points on which the authorities are conflicting and obscure, and as precedents multiply, so do the conflicts and obscurities’. Sir Carleton Kemp Allen (Case Law: An Unwarrantable Intervention (1935) 51 LQR 333). […]

stephenazubuike
January 16, 2018
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137 Views

identical motion can be filed at supreme court

Case Law

The Supreme Court has power to consider identical application that has been dismissed by it.

Edilcon (Nig.) Ltd v. UBA Plc [2017] 18 NWLR (Pt. 1596) 74 at 93, paras. C-E, per Galinje, JSC: “The Supreme Court is the apex Court in this country and its decisions are final in all respect. It has wide discretionary power to consider identical application that has been dismissed by it. However, this […]

stephenazubuike
January 11, 2018
0 Comments
65 Views

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Month: January 2018

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