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Order of arrest of ship subsists after fourteen days

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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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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234 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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493 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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1.46K 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
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571 Views

Case Law

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
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735 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
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449 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
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378 Views

Special Feature

CORRUPTION CASES IN NIGERIA: ANY NEED FOR SPECIALISED COURTS?

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

stephenazubuike
January 21, 2017
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360 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
316 Views

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