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Non-compliance with the Rules of Court can amount to breach of right of fair hearing. However, not in all cases..

Nabore Properties Ltd. v. Peace-Cover (Nig.) Ltd. [2015] 2 NWLR (Pt. 1444) 440 at 464, paras. D-F, Iyizoba, JCA: “The appellant in his reply brief cited the case of Okafor v. A.-G., Anambra State (1991) 6 NWLR (Pt. 200) 659 as authority that a judgment or order of court given without compliance with the rules […]

stephenazubuike
February 9, 2017
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Case Law

A sheriff charged with the execution of judgment can be sued by the judgment debtor or judgment creditor.

Ibrahim v. Ojonye [2012] 3 NWLR (Pt. 1286) 108 at 130, paras. C-G, per Orji-Abadua, JCA: “It is the law that the sheriff or bailiff or officer charged with execution of judgment can be sued by the judgment debtor or judgment creditor for: (a) illegal execution, e.g., an error in the levy. (b) irregular execution, […]

stephenazubuike
February 8, 2017
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Case Law Notable Pronouncements

On the need for our courts to always do justice – Notable pronouncement by Nnamani, JSC

Erisi v. Idika [1987] 18 NSCC (Part II) 1201 at 1208 para 20, per Nnamani, JSC: “The courts are courts of law but may the day never come when they cease to be courts of justice…” Blogger’s Note: May that day never come! It is in keeping with the spirit of justice that the […]

stephenazubuike
February 7, 2017
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Case Law

Use of abbreviated names by legal practitioners appears risky but the Supreme Court has come to the rescue.

Dankwambo v. Abubakar [ 2016] 2 NWLR (Pt. 1495) 157 at 208, paras. C-F, per Ariwoola, JSC: “There are many senior legal practitioners and Judicial Officers whose first name as it appears on the roll of legal professionals of the Supreme Court of Nigeria has been abbreviated as it stands today, yet that abbreviation has […]

stephenazubuike
February 3, 2017
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Case Law

In the absence of a Reply pleading, a plaintiff may adduce evidence to deny fact pleaded in a defence.

Ogundalu v. Macjob [2015] 8 NWLR (Pt. 1460) 96 at 118, paras. B-C, per Rhodes-Vivour, JSC: “The position of the law is that where the defendant avers to a fact in his statement of defence and the plaintiff fails to file a reply to deny the averment, the plaintiff may lead evidence to deny the […]

stephenazubuike
February 2, 2017
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Order of arrest of ship subsists after fourteen days

Case Law

The Federal High Court lacks jurisdiction over civil claims arising from insurance matters, section 97 of the Insurance Act, 1997 notwithstanding.

Sun Insurance (Nig.) Plc v. U. E. C. C. Ltd. [2015] 11 NWLR (Pt. 1471) 576 at 612, paras. F-H, Kekere-Ekun, JSC: “The issue to be determined therefore, is whether the Insurance Act of 1997, being an existing law by virtue of section 315(1)(a) of the 1999 Constitution, confers such exclusive jurisdiction on the Federal […]

stephenazubuike
February 2, 2017
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267 Views

Case Law

Failure to join INEC in an election petition case is fatal!

A. D. C. v. Bello [2017] 1 NWLR (Pt. 1545) 112 at 132, paras. B-E, per Okoro, JSC: “By the above provision of the Electoral Act (supra), INEC is not only a necessary party but a statutory party. Having agreed with the two courts below on the issue, all the flamboyant arguments of counsel for […]

stephenazubuike
February 1, 2017
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158 Views

Case Law

Statement on Oath filed in support of a Claim or Defence is valid and operative even if the Claim or Defence is later amended without new oath filed.

Dunalin Inv. Ltd v. BGL Plc [2016] 18 NWLR (Pt. 1544) 262 at 326, paras. E-G, per Augie, JCA (as he then was): “An amendment dates back to the date the document amended was filed, and the action continues as though the pleadings had been in the original form right from its original date… In […]

stephenazubuike
February 1, 2017
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345 Views

A document rejected must be so marked by Judge

Case Law

Documents not frontloaded are admissible, if relevant.

Dunalin Inv. Ltd v. BGL Plc [2016] 18 NWLR (Pt. 1544) 262 at 340, paras. D-E, per Augie, JCA: “The documents were pleaded,… the fact that they were not frontloaded becomes something inconsequential; there is no law that says a document which is not frontloaded is inadmissible.” Blogger’s Note: The Court reached the above decision […]

stephenazubuike
February 1, 2017
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1.01K Views

Case Law

Jurisdiction of the Federal High Court: Parties and subject matter must be considered.

John Shoy Int’l Ltd. v. F.H.A. [2016] 14 NWLR (Pt. 1533) 427 at 456-457, paras. G-B, per Nweze, JSC: “Now, from a conspectus of recent decisions, it would be correct to assert that this court has, now, taken the position that in considering the issue of the jurisdiction of the Federal High Court under section […]

stephenazubuike
January 27, 2017
0 Comments
437 Views

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