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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
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397 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
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366 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
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1.10K 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
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581 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
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481 Views

Case Law

Failure to move preliminary objection to an appeal during the hearing of the appeal is fatal.

N. D. P. v. I. N. E. C. [2013] 6 NWLR (Pt. 1350) 392 at 412, paras. D-G, per Ariwoola, J.S.C.: “It is pertinent to refer to the notice of preliminary objection given by the respondent on page 4 of its brief of argument. It is equally apposite to say that the said preliminary objection […]

stephenazubuike
January 16, 2017
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388 Views

Case Law

Where an appeal is wrongly headed, it does not affect the hearing of the appeal.

Registered Trustees, A. O. N. v. N.A.M.A. [2014] 8 NWLR (Pt. 1408) 1 at 30 paras. G-H, per Okoro, J.S.C.: “I must say that the respondent herein as appellant at the court below may have goofed when it decided to use the name of the appellant herein as originally and inappropriately used at the […]

stephenazubuike
January 16, 2017
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266 Views

Blood relative not necessarily a tainted witness

Case Law

Special damages must be strictly proved; it is not enough that the evidence was unchallenged.

MTN Nigeria Communications Ltd v. A.C.F.S. Ltd [2016] 1 NWLR (Pt. 1493) 339 at 357 para A, per Bada, JCA: “Although an unchallenged evidence ought to be believed by the court and relied upon, however, in matters of special damages, the fact that evidence is unchallenged does not mean that the court must rely […]

stephenazubuike
January 12, 2017
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410 Views

Case Law

An arbitration clause in a commercial contract cannot hinder investigation of crime.

Danfulani v. E.F.C.C. [2016] 1 NWLR (Pt. 1493) 223 at 246 paras. C-D, per Adefope-Okojie, J.C.A.: “I am in agreement with the 3rd Respondent that were a crime has been committed or suspected, an arbitration clause in a commercial contract may not be held to bind the aggrieved party. The lower court, I accordingly […]

stephenazubuike
January 12, 2017
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337 Views

Case Law

A Statement of Claim not signed by a legal practitioner is incompetent but does not affect the Writ of Summons duly signed.

Hamzat v. Sanni [2015] 5 NWLR (Pt. 1453) 486 at 505-506 paras. H-C, per Ariwoola, JSC: “…The Statement of Claim upon which the evidence relied upon by the trial court was based having been signed by a person not known to law as a legal practitioner, as required by our law, is incompetent, it deserves […]

stephenazubuike
January 6, 2017
0 Comments
484 Views

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