Blog

Statutory corporations and organisations have a duty to treat their pensioners humanely.

C.B.N. v. Amao [2010] 16 NWLR (Pt. 1219) 271 at 307, paras. C-H, per Onnoghen, JSC (now CJN): “It is rather unfortunate that the efforts of the Federal Government to put smile on the faces of the pensioners of the appellant so as to alleviate their sufferings having regards to the harsh economic realities […]

stephenazubuike
March 15, 2017
0 Comments
181 Views

Case Law

Complaint by the Nigerian Bar Association against a lawyer before the LPDC cannot be withdrawn.

NBA v. Henkyaa [2016] 11 (Pt. 1522) 164 at 173-174, paras. G-C, per Daudu, SAN: “Dealing with the purported withdrawal of the complaint, we reaffirm our position that applying to withdraw a petition at this stage is akin to bolting the stable gates after the horse has escaped. This is because the petition has […]

stephenazubuike
March 13, 2017
0 Comments
403 Views

Case Law

A lawyer has a duty not to use offensive and insulting language on the court – Notable pronouncement by Sankey, JCA.

Maitumbi v. Baraya [2017] 2 NWLR (Pt. 1550) 347 at 409-410, paras. B-G, per Sankey, JCA: “One last word before I am done. It is quite disheartening to note the brazen, insalubrious and un-warranted attack on this court by learned counsel for the appellants when referring to this court’s previous finding in the unreported case of […]

stephenazubuike
March 9, 2017
0 Comments
320 Views

Failure to indicate counsel signing is not fatal

Case Law

Failure to indicate the particular counsel who signed a court process where more than one name appeared is not fatal.

Maitumbi v. Baraya [2017] 2 NWLR (Pt. 1550) 347 at 394, paras. C-E, per Sankey, JCA: “On the authority of INEC v. Oshiomole [2009] 4 NWLR (Pt. 1132) 607, it was incumbent upon the 1st respondent who contested the ownership of the signature (and not the petitioners) to prove his assertion that the signature on the petition did […]

stephenazubuike
March 9, 2017
0 Comments
319 Views

Case Law

A Court has a duty not to impose light sentence for the offence of rape.

Posu v. State [2011] 2 NWLR (Pt. 1234) 393 at 418, paras. A-B, per Adekeye, JSC: “The purpose of the criminal law is to prevent harm to the society. The offence of rape is by every standard a grave offence which often leaves the victim traumatised and dehumanised. A light sentence as in the case […]

stephenazubuike
March 7, 2017
0 Comments
291 Views

Case Law

A court cannot insist that a particular counsel in a chambers must conduct a case.

Ceekay Traders Ltd. v. General Motors Co. Ltd. [1992] 2 NWLR (Pt. 222) 132 at 163, paras. E-F, Olatawura, JSC: “With the development in legal practice, legal practitioners frequently enter into partnerships. In each Chambers there are many practitioners. A litigant may brief one of the partners, but the Chambers is responsible for the conduct […]

stephenazubuike
March 6, 2017
0 Comments
274 Views

Case Law

Continuous absence of counsel in a case amounts to obstruction of the cause of justice and therefore contempt of court.

Mfa v. Inongha [2014] 4 NWLR (Pt. 1397) 343 at 369, paras. C-D, per Ngwuta, JSC: “Also, continuous absence of counsel in a case he is handling as shown in the record of the trial court amounts to obstruction of the cause of justice and therefore contempt of court.” Blogger’s Note: The learned Justice of […]

stephenazubuike
March 4, 2017
0 Comments
248 Views

Case Law

Certified true copies of public documents must bear the signature, name and official title of the certifying officer.

Omisore v. Aregbesola [2015] 15 NWLR (Pt. 1482) 205 at 294, paras. D-H, per Nweze, JSC: “The first documents, as shown above, are public documents (exhibits 1-185). I entirely agree with the submissions of the cross-appellant with regard to their admissibility. Pursuant to section 104 of the Evidence Act, 2011, the said documents which, merely […]

stephenazubuike
March 4, 2017
0 Comments
512 Views

Case Law

Amendment can cure a defective pleading signed in the name of a law firm.

Okunade v. Olawale [2014] 10 NWLR (Pt. 1415) 207 at 245, paras. A-D, per Owoade, JCA: “At the same time as in the instant case, it cannot be said that an amended pleading does not cure a defective pleading when there is otherwise no jurisdictional issue at stake. The clear principle of law established is that […]

stephenazubuike
March 4, 2017
0 Comments
268 Views

Case Law

Out-of-Court Settlement is binding even without the approval or sanction of the Court.

Abey v. Alex [1999] 14 NWLR (Pt. 637) 148 at 159, paras. E-G, per Uwaifo, JSC: “It has been held – and I think it is in consonance with the right of parties to settle civil actions out of court and the established practice is that this should be encouraged by the courts whenever there […]

jeremiah-aimionsevbuse-jeremosco
February 28, 2017
0 Comments
487 Views

Contact Info

Some Populer Post

Contact Info

Some Populer Post

About

Resources

Top Categories

World

Sign Up for Our Newsletter

About

Resources

Top Categories

Sign Up for Our Newsletter