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Does a bank have an absolute power to consolidate the accounts of its customer?

UBA Plc v. Salman [2019] 2 NWLR (Pt. 1656) 304 at 325, paras. C-F, per Uwa, JCA: “There is no doubt in law that a banker may consolidate the accounts owned by a customer in his own right, unless precluded by agreement, express or implied from the course of business from doing so, in order to […]

stephenazubuike
March 11, 2019
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422 Views

Case Law

Can a garnishee proceeding be commenced in one State against a garnishee in another State?

Darsey Digital Press Ltd. v. Ayo [2019] 1 NWLR (Pt. 1654) 379 at 393, para. G-H, per Ugo, JCA: “In other words, it is a precondition to a proper garnishee proceeding that the garnishee be resident in the very State where the order is sought. In this case, by first respondent’s own showing in his […]

stephenazubuike
February 21, 2019
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377 Views

Case Law

[UPDATE]: The pain and hardship of young lawyers in the hands of senior colleagues has been judicially noticed.

Ifeanyi Okeke Esq. v. Wale Ogunade Esq. Suit No. NICN/LA/432/2014, per Amadi J: “This case once again shows the pain, hardship and difficulty which some young lawyers undergo in the hand of some senior colleagues, who ordinarily should encourage them. I commend the tenacity and dexterity of the Claimant in pursuing justice in this matter […]

stephenazubuike
February 14, 2019
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Case Law

Women and nursing mothers must not suffer discrimination at work place

Standard Chartered Bank v. Adegbite [2019] 1 NWLR (Pt. 1653) 348 at 373, paras. B-F, per Barka, JCA: “It has been argued for the Defendant that the Claimant did not adduce evidence of how other nursing women in the employment of the Defendant were treated differently from her or vice versa. It suffices that the […]

stephenazubuike
February 8, 2019
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307 Views

Case Law Notable Pronouncements

On need to follow due process in the fight against corruption.

Tumsah v.FRN [2018] 17 NWLR (Pt. 1648) 238 at 273, paras. D-E, per Iyizoba, JCA: “The learned trial Judge in assuming jurisdiction to grant the orders in this appeal acted more out of sentiments than due adherence to the applicable laws. Corruption no doubt is the bane of our society and the courts would not […]

stephenazubuike
January 8, 2019
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255 Views

Case Law Notable Pronouncements

On need for security agencies to operate within their statutory bounds

Saraki v. FRN [2018] 16 NWLR (Pt. 1646) 405 at 462, paras. B-C, per Okoro, JSC: “I need to emphasize that security agencies in this country must operate within the bounds of their calling. A situation where the EFCC and DSS took over the functions of the Code of Conduct Bureau leaves much to be […]

stephenazubuike
December 7, 2018
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323 Views

Case Law

Does the Freedom of Information Act apply to States of the Federation of Nigeria?

EDOSACA v. Osakue & Ors [2018] 16 NWLR (Pt. 1645) 199 at 224-225, paras. H-A, per Oseji, JCA: “…The Freedom of Information Act, though a noble and worthwhile piece of legislation, does not have automatic application to the States as submitted by learned Counsel for the Respondents. It therefore behooves any State interested in adopting […]

stephenazubuike
November 30, 2018
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383 Views

Case Law

Is “Further Brief of Argument” known to law?

Mrs. Umma Mohammed & Ors v. The Minister, Federal Ministry of Environment, Housing and Urban Development & Ors. [2018] 16 NWLR (Pt. 1644) 179 at 189 paras. D-E, per Ogakwu, JCA: “The Appellants’ Further Brief of Argument was filed without any order of Court. In fact, a Further Brief is unknown to the Court of […]

stephenazubuike
November 27, 2018
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303 Views

Case Law

Can a signature defect in a court process be cured by an affidavit?

Raji v. UNILORIN [2018] 15 NWLR (Pt. 1642) 220 at 236, paras. G-H, per Rhodes-Vivour, JSC: “Deposing to an affidavit to explain irredeemable flaws in the signing of the Notice of Appeal is a worthless exercise since processes must be seen to have been properly signed, just by looking at it and not by examining […]

stephenazubuike
November 19, 2018
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350 Views

Criminal Appeal by deceased appellant estate

Case Law

Locus Classicus: The Estate of a Deceased Appellant may continue a Criminal Appeal on behalf of the Deceased.

In Re: Abdullahi [2018] 14 NWLR (Pt. 1639) 272 at 292, para. H, per Augie, JSC: “The deceased Appellant died after filing the appeal against the decision of the Court of Appeal in this Court. Yes, the appeal died with the deceased Appellant, but his estate survived him, and being administrators of the deceased Appellant’s […]

stephenazubuike
October 30, 2018
0 Comments
491 Views

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