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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
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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
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732 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
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433 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
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744 Views

Case Law

Compensation for unlawful arrest and detention is AUTOMATIC!

Jim-Jaja v. C.O.P., Rivers State [2013] 6 NWLR (Pt. 1350) 225 at 256, paras. B-C, per M.D. Muhammad, JSC: “Appellant’s unlawful detention by the respondents constitute a breach of his right to personal liberty as guaranteed under section 35(1) of the Constitution. The same Constitution has provided under section 35(6) thus: “Any person who is […]

stephenazubuike
February 24, 2017
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886 Views

Case Law

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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389 Views

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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444 Views

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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343 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
0 Comments
427 Views

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