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Fundamental right to freedom from discrimination is only enforceable against the State and not against individuals.

Lafia Local Govt. v. Gov., Nasarawa State [2012] 17 NWLR (Pt. 1328) 94 at 127-128, paras. F-G, per Rhodes-Vivour, JSC: “Section 42 of the Constitution guarantees to every citizen of Nigeria freedom from discrimination on the basis of belonging to a particular community, ethnic group, place of origin, sex, religion or political opinion. The discrimination […]

stephenazubuike
February 23, 2017
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Adjournment to explore amicable settlement is allowed

Case Law

It has been judicially endorsed that litigants are free to seek adjournment in order to explore amicable settlement.

Salihu v. Ministry of Education, Gombe State [2017] 3 NWLR (Pt. 1551) 124 at 133, paras. D-F, per Husaini, JCA: “Application by litigants seeking as it were an adjournment to explore out-of-court settlement should not be taken with levity but given due consideration that it deserves being one of the cardinal principles in our adjudicative […]

stephenazubuike
February 22, 2017
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Case Law

Plaintiff has immediate right to judgment for any admitted sum, notwithstanding the existence of a counter-claim.

Arab Chem Ltd. v. Owoduenyi [2013] 10 NWLR (Pt. 1361) 89 at 101-102, paras. H-B, per Orji-Abadua, JCA: “It must be observed that the fact that there is a counter-claim notwithstanding, the trial court could still enter judgment for the sum already admitted by the defendant. A counter-claim is a claim filed in opposition to […]

stephenazubuike
February 21, 2017
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Case Law

The words, “I’m sorry” are a balm that can heal all wounds.

Diamond Bank Ltd. v. P .I. C. Ltd. [2009] 18 NWLR (Pt. 1172) 67 at 96, paras. E-F, per Ogbuagu, JSC: “In my respective view, where a person has acted in good faith and another is damnified by such an act, I believe that the words, “I am sorry” are a “balm” that can heal […]

stephenazubuike
February 17, 2017
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225 Views

Case Law

Arbitration is mandatory even where arbitration clause states that parties “may” arbitrate their dispute.

Sino-Afric Agricultural & Ind. Co. Ltd. v. Ministry of Finance Inc. [2014] 10 NWLR (Pt. 1416) 515 at 531-532, paras. E-A, per Orji-Abadua, JCA: “It must be observed that one question that often arises before the court is, whether arbitration is mandatory where the arbitration provision merely provides that the parties ‘may’ arbitrate their dispute. In some […]

stephenazubuike
February 17, 2017
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Case Law

Reliefs sought in a suit are not part of the facts pleaded.

MTN (Nig.) Comm. Ltd. v. C.C. Inv. Ltd. [2015] 7 NWLR (Pt. 1459) 437 at 474, paras. D-E, per Orji-Abadua, JCA: “It is trite that a relief sought by a party to a suit does not constitute part of the facts in the pleading and it cannot be granted unless there are facts contained in […]

stephenazubuike
February 16, 2017
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332 Views

Case Law

Nobody has a right to monopoly of names.

Offoboche v. Offoboche [2006] 13 NWLR (Pt. 997) 298 at 306, paras. B-D, per Ibiyeye, JCA: “…No legislation in Nigeria restricts a person to a fixed number of names or enjoys a monopoly of names. In effect, even if names are identical or the same, no person in Nigeria has a legal right to restrain […]

stephenazubuike
February 14, 2017
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268 Views

Case Law

It is improper for an order of court to contain “etc”.

Ezeadukwa v. Maduka [1997] 8 NWLR (Pt. 518) 635 at 668, paras. E-F, per Tobi, JCA (of blessed memory): “…An order of a court must be precise, succinct and to the minutest detail. An order of a court must also be complete. Parties should not be exposed to speculations as to the real content of […]

stephenazubuike
February 14, 2017
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268 Views

Case Law

Generally, where the paternity of an adult is in issue, court cannot order the conduct of a DNA test.

Anozia v. Nnani [2015] 8 NWLR (Pt. 1461) 241 at 256-257 paras. H-B, per Mbaba, JCA: DNA, that is, “deoxyribonucleic acid” is a molecule that contains the genetic code of any organism. It is hereditary and has become an euphemism for scientific analysis of genetic constitution to determine one’s roots. I doubt whether that form […]

stephenazubuike
February 10, 2017
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324 Views

Case Law

A party is at liberty to correct errors revealed by a preliminary objection.

Shanu v. Afribank (Nig.) Plc [2000] 13 NWLR (Pt. 684) 392 at 404, para F, per Ayoola, JSC: “The contention that this application should not be granted because a preliminary objection has been raised showing the errors in the process of the applicant’s appeal is without substance. The applicant is not foreclosed by the preliminary […]

stephenazubuike
February 9, 2017
0 Comments
279 Views

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