Blog

Every citizen of Nigeria has the right to protest on matters of public concern and no police permit is required!

IGP v. ANPP [2007] 18 NWLR (Pt. 1066) 457 at 498-499, per Adekeye, JCA (as he then was): “The Public Order Act – relating to the issuance of police permit cannot be used as a camouflage to stifle the citizen’s fundamental rights in the course of maintaining law and order…. The constitutional power given to […]

stephenazubuike
January 26, 2017
0 Comments
507 Views

Case Law

The Court of Appeal has a duty to pronounce on other issues where it holds that the trial court lacked jurisdiction.

Katto v. Central Bank of Nigeria [1991] 9 NWLR (Pt. 214) 126 at 149, paras. G-H, per Akpata, JSC: “Where a trial court after holding that it had jurisdiction proceeded to determine the matter before it and an intermediate Court of Appeal thinks the trial court lacked jurisdiction, the said intermediate court should in the alternative resolve the complaints […]

stephenazubuike
January 24, 2017
0 Comments
320 Views

Documents used to determine limitation of action

Case Law

A document by which an action is statute-barred can be used to validate other claims.

Khatoun Ent. Ltd. v. United (Nig.) Textiles [2014] 18 NWLR (Pt. 1438) 1 at 24, paras. B-C, per Adefope-Okojie, JCA: “…The fact that a case is barred by statute is no reason to discountenance the documents which the court relied upon in proving the bar from being used to validate other claims. As the trial […]

stephenazubuike
January 23, 2017
0 Comments
267 Views

Special Feature

CORRUPTION CASES IN NIGERIA: ANY NEED FOR SPECIALISED COURTS?

https://www.youtube.com/watch?v=gttr9QElQFM

stephenazubuike
January 21, 2017
0 Comments
261 Views

Case Law

Where a defence of limitation is raised and sustained, the proper order is one of dismissal.

N. P. A. Plc v. Lotus Plastics Ltd. [2005] 19 NWLR (Pt. 959) 158 at 189 paras. F-G, per Mohammed, JSC: “Where a defendant raises a defence that the plaintiff’s action is statute barred and the defence is sustained by the trial court, the proper order for the trial court to make is an order of […]

stephenazubuike
January 20, 2017
0 Comments
231 Views

Case Law

Particulars of Ground of Appeal must not be set out separately.

Ministry for Works v. Tomas (Nig.) Ltd [2002] 2 NWLR (Pt. 752) 740 at 783, para G, per Musdapher, JCA: “It is contended that grounds of appeal filed by the appellants are incompetent in that the first ground of appeal is deficient in the nature of the error and its particulars. I have myself examined […]

stephenazubuike
January 19, 2017
0 Comments
260 Views

Case Law

Filing a Notice of Discontinuance after obtaining substantial advantage is an abuse of court process.

The Vessel “Saint Roland” v. Osinloye [1997] 4 NWLR (Pt. 500) 387 at 412 paras. B-D, per Iguh, JSC: “…It is a clear abuse of process to use the machinery of Notice of Discontinuance without leave to improve a plaintiff’s position unjustly. See Castanho v. Brown and Root, supra at 114-115. Similarly, filing a Notice of Discontinuance […]

stephenazubuike
January 19, 2017
0 Comments
255 Views

Case Law

A respondent can file a counter-affidavit and a preliminary objection to the same motion.

Honeywell Flour Mills Plc v. Ecobank (Nig.) Ltd [2016] 16 NWLR (Pt. 1539) 387 at 433, paras E-G, per Oseji, J.C.A.: “…A respondent who is served a motion on notice and intends to oppose it [will] of necessity file a counter-affidavit and a written address where applicable to justify the fact that he is opposing […]

stephenazubuike
January 18, 2017
0 Comments
729 Views

Case Law

A letter written by a lawyer in the course of his duties to his client cannot be defamatory.

Mamman v. Salaudeen [2005] 13 NWLR (Pt. 958) 478 at 507-508, paras. H-C, Onnoghen J.S.C.: “There is no doubt that exhibit “6” is a letter by a solicitor in the course of his duties to his client. The law is that such a letter cannot be defamatory since it is written on a privileged […]

stephenazubuike
January 17, 2017
0 Comments
398 Views

Case Law

Exceptions to the ‘Suo Motu’ procedure

Gbagbarigha v. Toruemi [2013] 6 NWLR (Pt. 1350) 289 at 310, paras. C-G, per Rhodes-Vivour, J.S.C.: “When a Judge raises an issue on his own motion, or raises an issue not in the contemplation of the parties; or an issue not before the court, the Judge is said to have raised the issue suo motu. […]

stephenazubuike
January 17, 2017
0 Comments
340 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