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What is the legal status of statement made by counsel from the Bar?

[vc_row][vc_column width=”2/3″][vc_column_text] U.B.A. Plc v. Ujor [2001] 10 NWLR (Pt. 722) 589 at 607, para. A, per Opene, JCA: “It is settled that a statement by a Counsel from the Bar has the character of an oath and the Court is bound to take this into consideration.” Notes: In making the above pronouncement, the Court […]

stephenazubuike
October 5, 2018
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Case Law

Can a foreign company sue or be sued in Nigeria?

Companhia Brasifeira De Infraestrutura (INFAZ) v. Companhia Brasileira De Entrepostos E Commercio (COBEC Nigeria Limited) [2018] 12 NWLR (Pt. 1632) 127 at 132, paras. E-F, per Aka’ahs, JSC: “This Court decided in Saeby jernstoberi Maskinfabric A/S v. Olaogun Enterprises Ltd. (1999) 14 NWLR (Pt. 637) 128 which was cited to the court below that the […]

stephenazubuike
September 20, 2018
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404 Views

Case Law

A litigant has no duty to pay court bailiff any money to effect service.

U.B.A. Plc v. Ujor [2001] 10 NWLR (Pt. 722) 589 at 603, para. B, per Opene, JCA: When a litigant files a document in the court Registry and pays all the fees, it is not his duty to pay the bailiff any money for transport or otherwise so that he could effect service on the other […]

stephenazubuike
September 3, 2018
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362 Views

Case Law

Use of expired NBA Stamp is not Fatal.

Emechebe v. Ceto Int’l (Nig.) Ltd. [2018] 11 NWLR (Pt. 1631) 520 at 534, paras. B-C, per Abubakar, JCA: “The originating processes were duly signed and stamped by the learned counsel for the Respondent, and a stamp of the legal practitioner affixed even though expired, in my view, there is no sufficient basis to strike […]

stephenazubuike
August 25, 2018
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550 Views

Case Law

Lead Judgment is superior to Concurring Judgment, BUT…

Sifax (Nig.) Ltd v. Migfo (Nig.) Ltd [2018] 9 NWLR (Pt. 1623) 138 at 176, paras. B-C, per Augie, JSC: “…Where there is any inconsistency between a concurring and a lead judgment, the law says that the former would give way to the extent of the inconsistency”. Notes: Augie, JSC relied on the Supreme Court […]

stephenazubuike
August 10, 2018
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365 Views

Case Law

The Office of the Attorney General should not be a “Champion Law Breaker”.

Madukaegbu v. State [2018] 10 NWLR (Pt. 1626) 26 at 63, paras. E-F, per Eko, JSC: “The office of the Attorney-General enures for the protection of the rights of all citizens. The hallowed office cannot, and should not, be seen as a champion law breaker. The assumption is that the Attorney-General knows all the laws […]

stephenazubuike
July 23, 2018
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249 Views

Case Law

Counsel has a duty not to deliver personal attacks on opposing counsel.

Madukaegbu v. State [2018] 10 NWLR (Pt. 1626) 26 at 58, paras. B-C, per Eko, JSC: “The very emotional, and highly vituperative counter-affidavit, the facts of which were supplied by the prosecuting counsel, E. I. Okafor, Esq., did not deny most of the salient facts in the supporting affidavit, including exhibit A. Mr. Okafor, quite […]

stephenazubuike
July 23, 2018
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244 Views

Case Law

A bank that pays the proceeds of a cheque to a wrong person is liable for conversion.

Heritage Bank Ltd. v. Bentworth Finance Nig. Ltd. [2018] 9 NWLR (Pt. 1625) 420 at 435 paras G-H, per Eko, JSC: “The point must be made as well that a seemingly endless chain of authorities have made it a settled principle of law that bankers who collect cheques and pay to those not entitled to […]

stephenazubuike
July 17, 2018
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502 Views

Case Law

A person who procures another to commit an offence is liable for the offence.

Ijeoma Anyasodor v. State [2018] 8 NWLR (Pt. 1620) 107 at 132, paras. E-G, per Peter-Odili, JSC: “For a fact, the Prosecution/Respondent properly executed the duty laid upon it for proof beyond reasonable doubt of the charge of murder against the Appellant, whose evidence in defence just could not hold water nor could dent the […]

stephenazubuike
June 13, 2018
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292 Views

Special Feature

CAMA Bill: Notes for Small Companies.

It is no longer breaking news that the Nigerian Senate recently passed the Bill for an Act to Repeal the Companies and Allied Matters Act 1990 (Cap. C20, Laws of the Federation of Nigeria 2004) and Enact the Companies and Allied Matters Act (“The Bill”). This may be an affirmation of the current administration’s commitment […]

stephenazubuike
June 1, 2018
0 Comments
286 Views

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