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A document rejected must be so marked by Judge

It is wrong to declare a document inadmissible and to decline to mark it “Tendered and Rejected”.

Babatola v. Aladejana [2001] 12 NWLR (Pt. 728) 597 at 609 paras. C-D, per Mohammed, JSC: “…Once a document is tendered during proceedings and declared inadmissible by the trial Judge it should be marked “Tendered and Rejected”. The rejected document must be kept by the court or tribunal which hears the case for the […]

stephenazubuike
December 22, 2016
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Case Law

An article which scandalises a court amounts to contempt of court.

Ebhodaghe v. Okoye [2004] 18 NWLR (Pt. 905) 472 at 501 para. B, per Oguntade, J.S.C.: “An article or publication in a newspaper which scandalises or is calculated to bring the court into disrepute amounts to contempt.” Blogger’s Note: You can read the full Judgment here. The law will not allow the courts or […]

stephenazubuike
December 22, 2016
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166 Views

Case Law

Service of hearing notice on a party is fundamental; failure to do so is a breach of fair hearing.

Achuzia v. Ogbomah [2016] 11 NWLR (Pt. 1522) 59 at 81 per Kekere-Ekun, J.S.C. paras. G-H: “The record in this case shows that on 9/10/2001, 24/10/2001 and 31/10/2001, the appellant was absent and unrepresented by counsel. There was no order for hearing notice to be issued to him against each of the subsequent adjourned […]

stephenazubuike
December 20, 2016
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411 Views

Case Law

Court proceedings conducted in Judge’s chambers is an exercise in futility.

Alimi v. Kosebinu [2016] 17 NWLR (Pt. 1542) 337 at 356-357: “Indeed, just as the court below found, a judge’s chambers cannot be classified as a regular courtroom or a place to which members of the public have right to go in and out since such access is dependent on the invitation or consent of […]

stephenazubuike
December 20, 2016
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312 Views

Case Law

Rules of court cannot dictate when and how issue of jurisdiction can be raised.

Adegbite v. Amosu [2016] 15 NWLR (Pt. 1536) 405 at 433-434 paras. H-A: “…Jurisdiction is radical in nature and since it is at the foundation of adjudication, it cannot be defeated by the provisions of rule of court… Because it is the foundation of any adjudication by the court, there is no special format for raising […]

stephenazubuike
November 23, 2016
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450 Views

Case Law

Termination of employment cannot frustrate contract for personal loan between employer and employee

Lewis v. UBA Plc [2016] 6 NWLR (Pt. 1508) 329 at 346-347, per Peter-Odili, JSC: “… The contract of employment and personal loans between the appellant and the respondent are two distinct contracts having distinct subject matters and their duration not co-existent nor can it be said one is dependent on the other or that […]

stephenazubuike
November 3, 2016
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275 Views

Case Law

Failure to reply a business letter can be fatal

Cooperative Dev. Bank Plc. v. Ekanem [2009] 16 NWLR (Pt. 1168) 585 at 601, paras. C-D, per Owoade JCA: “In relation to the discussion between PW3 and the Appellant’s company secretary, what was left for the learned trial Judge to say as a matter of law is that it is incumbent on a recipient of […]

stephenazubuike
November 2, 2016
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397 Views

Case Law

You have the right to comment freely on matters of public interest in Nigeria

Din v. African Newspapers Ltd [1990] 3 NWLR (Pt. 139) 392 at 408-409 paras. H-A, per Karibi-Whyte, J.S.C: “The right to comment freely on matters of public interest is one of the fundamental rights of free speech guaranteed to the individual in our Constitution. It is so dear to the Nigerian and of vital importance […]

stephenazubuike
October 28, 2016
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454 Views

Case Law

Decision of a Chief Judge refusing to transfer a case is not appealable to the Court of Appeal

Tijani v. FBN Plc [2016] 12 NWLR (Pt. 1525) 83 at 103-104, per Oseji, JCA: “It follows therefore that any exercise of the right of appeal as guaranteed by the Constitution must emanate or be identifiable with the decision of a court or tribunal and such must be within the definition of section 318 […]

stephenazubuike
October 28, 2016
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322 Views

Case Law

You cannot challenge the jurisdiction of court with a letter

Usani v. Duke [2006] 17 NWLR (Pt. 1009) 610 at 654 paras. A-B, per Ngwuta, JCA (as he then was): “The letter of 6/5/05 on the conduct of a member of the Tribunal and the bailiff attached thereto does not amount to a challenge to the jurisdiction of the Tribunal. It may well raise the issue […]

stephenazubuike
October 26, 2016
0 Comments
334 Views

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