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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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535 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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427 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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369 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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508 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
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415 Views

Case Law

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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477 Views

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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564 Views

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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600 Views

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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1.33K Views

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
0 Comments
420 Views

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