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A Garnishee lacks the power to fight the cause of a Judgement Debtor.

Guaranty Trust Bank Plc v. Innoson Nig. Ltd. [2017] 16 NWLR (Pt. 1591) 181 at 203, paras. D-F, per Eko, JSC: “It is not for a garnishee to fight the cause of a judgment debtor who either accepts the judgment against him and does nothing about it, or who may be indolent to fight […]

stephenazubuike
November 26, 2017
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Case Law

ALL decisions of the National Industrial Court are appealable to the Court of Appeal.

Skye Bank Plc v. Iwu [2017] 16 NWLR (Pt. 1590) 24 at 105-106, paras. H-E, per Nweze, JSC: “In all, then, on a holistic interpretation of sections 240 and 243(1) of the 1999 Constitution, appeals lie from the trial court (National Industrial Court) to the lower court (Court of Appeal), that is, all decisions […]

stephenazubuike
November 24, 2017
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442 Views

Special Feature

Dreams Still Come True: Babalakin and Co Honours Tola Oshobi SAN

Tola Oshobi SAN. Tola Oshobi (SAN), partner, Babalakin and Co. (B & C), and Head, Litigation and Dispute Resolution Group was recently conferred with the prestigious rank of the Senior Advocate of Nigeria on Monday, 18th September, 2017. The latest Silk in town joins his two other Seniors in the Firm in the inner […]

stephenazubuike
November 18, 2017
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336 Views

Debt obligation can be transferred by novation

Case Law

A debtor can validly transfer, by novation, his debt obligations without the written consent of the creditor.

Crushing Dragon (Nig.) Ltd & Anor. v. Skye Bank Plc & Anor. Suit No. LD/ADR/534/2013, page 9, per Animahun J.: “In Pat Onegbedan, Esq. v. Unity Bank Plc (2014) LPELR-22186 (CA), novation was described thus: “Contract by novation is a form of assignment in which by consent of all parties thereto, a new contract […]

stephenazubuike
November 17, 2017
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319 Views

Case Law

A counsel whose fees have not been settled can lawfully refuse service of a process on him.

Darlington Eze v. Federal Republic of Nigeria [2017] 15 NWLR (Pt. 1589) 433 at 477, paras. F-G, per I. T. Muhammad, JSC: “…The settled practice is that a counsel whose fees have not been settled can lawfully refuse service of a process on him, and in that case, the litigant must personally be served […]

stephenazubuike
November 10, 2017
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296 Views

Case Law

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 […]

stephenazubuike
November 2, 2017
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307 Views

Case Law Notable Pronouncements

Heads of court must prevent politicians from abuse of court process.

PDP v. Sen. Ali Modu Sheriff & Ors. [2017] 15 NWLR (Pt. 1588) 219 at 279-280, paras. F-B, per Rhodes-Vivour, JSC: “The 1st respondent and his allies filed over ten suits. The Court of Appeal had this to say. The 1st appellant (i.e. 1st respondent) I agree displayed an infantile desperation to cling to […]

stephenazubuike
October 30, 2017
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342 Views

Case Law

Judges must refrain from wearing their pride on their sleeves.

P.J.N. Azubuike Esq. v. The State, (2017) LPELR-42485(CA) p. 17, per Agbo, JCA: “Judges must refrain from wearing their pride on their sleeves. They must show self-restraint even when they are uncomfortable with the language deployed by counsel or litigants appearing before them. It is however incumbent on them to uphold the dignity and […]

stephenazubuike
October 22, 2017
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240 Views

Special Feature

NSE Training Seminar: Legal and Risk Aspects of Derivatives and Central Counterparty Clearing (CCP) Transactions.

The Nigerian Stock Exchange (NSE) proudly presents a Training Seminar on: Legal and Risk Aspects of Derivatives and Central Counterparty Clearing (CCP) Transactions. Date: Monday 20th to Tuesday 21st of November 2017. Time: 8:00 am – 5:00 pm daily. Venue: Civic Centre, Ozumba Mbadiwe, Victoria Island, Lagos. FACILITATORS Michael Voisin and Mark Drury, Partners, Linklaters LLP, […]

stephenazubuike
October 18, 2017
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291 Views

Case Law

A letter meant for the court to take note and act upon must be properly filed.

The Registered Trustees of the Presbyterian Church of Nigeria v. Etim [2017] 13 NWLR (Pt 1581) 1 at 41 , paras. E-H, per I. T. Muhammad, JSC: “It is important to point out as well, that if a document is meant for the court to take note and act thereon, rules of court have […]

stephenazubuike
October 17, 2017
0 Comments
265 Views

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