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A court cannot order stay of execution of garnishee order absolute.

Zenith Bank Plc. v. John [2015] 7 NWLR (Pt. 1458) 393 at 423, paras. C-G, per Peter-Odili, J.S.C.: “…[There] is thrown up a fundamental matter of this court being called upon to make an order affecting a Garnishee Order Absolute against which there is no appeal. It is stating the obvious that a Garnishee Order Absolute means an executed […]

stephenazubuike
January 6, 2017
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526 Views

Case Law

A court can set aside the judgment of another court of concurrent or co-ordinate jurisdiction.

Nen Ltd. v. Asiogu [2008] 14 NWLR (Pt. 1108) 582 at 593 paras. B-C, per Galadima, JCA: “There are certain situations where a court of concurrent or co-ordinate jurisdiction can set aside the judgment or order of another court and such circumstances include where the writ or application was not served on the other party, […]

stephenazubuike
January 6, 2017
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820 Views

Case Law

A litigant has a duty to monitor the progress of his case

N. A. C. B. LTD. v. Ozoemelam [2016] 9 NWLR (Pt. 1517) 376 at 407-408, paras. H-A, per Ngwuta JSC: “Again, the appellants were not only indolent but treated the matter in court in which they were involved as defendants with utter contempt. A person with a case in court, either as plaintiff or as […]

stephenazubuike
January 5, 2017
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382 Views

Case Law

Decisions of the National Industrial Court not generally appealable to the Court of Appeal as of right.

Governing Board, RUGIPOLY, Ondo State v. Ola [2016] 16 NWLR (Pt. 1537) 1 at 24, paras H-D: “By section 243(2) and (3) of the Constitution, appeal shall lie from the decision of the National Industrial Court as of right to the Court of Appeal on questions of fundamental right as contained in Chapter IV of the Constitution on matters upon […]

stephenazubuike
January 3, 2017
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383 Views

Case Law

Where decisions of the Supreme Court are based on legislations, amendment of same is required to overrule such decisions.

B. M. Ltd. v. Woermann-Line [2009] 13 NWLR (Pt. 1157) 149 at 186, per Adekeye, J.S.C.: “This court will surely revisit or overrule its previous decisions to curb perpetration of injustice. Where the cases are based on legislations or statutes it obviously requires an amendment to the particular statutes to overrule such cases.” Blogger’s Note: […]

stephenazubuike
December 22, 2016
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330 Views

A document rejected must be so marked by Judge

Case Law

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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338 Views

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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232 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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547 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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432 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
0 Comments
662 Views

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