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identical motion can be filed at supreme court

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
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Case Law

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

Agi v. PDP & Ors [ 2017] 17 NWLR (Pt. 1595) 386 at 456, paras. B-H, per Ogunbiyi, JSC: “I have restated earlier in this Judgment also that the nature of the allegation lodged against the 3rd respondent by the appellant is firmly rooted in criminality and which must be proved beyond reasonable doubt […]

stephenazubuike
December 27, 2017
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Case Law

It is improper to raise issues of jurisdiction in piecemeal fashion.

Oko v. State [2017] 17 NWLR (Pt. 1593) 24 at 65-66, paras. H-A, per Peter-Odili, JSC: “Clearly, this partition or fragmentation of the jurisdictional question is one to which the appellant is estopped from embracing. It is all the more foreclosed as counsel had the time and opportunity of raising the issue of the […]

stephenazubuike
December 7, 2017
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465 Views

Case Law

The brutality of SARS has long been judicially noticed.

David Alunyo v. Inspector General Police & Ors – Suit No. FCT/HC/M/5449/09, per Belgore, J.: But was the detention beyond the prescribed limit and was the injury inflicted right in law? The answer is in the negative. The applicant was detained for 3 days. This is unconstitutional. By the provisions of Section 35(5) […]

stephenazubuike
December 5, 2017
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360 Views

Notable Pronouncements

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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408 Views

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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645 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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461 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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480 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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443 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
0 Comments
417 Views

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