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Insubordination in public service is a serious misconduct.

F.J.S.C. v. Thomas [2013] 17 NWLR (Pt. 1384) 503 at 538, para F, per Nwodo, JCA: “Insubordination or disobedience of formal instruction from established authority remains insubordination which is an act of misconduct.” Notes: In public service, acts of insubordination has grave consequences. According to Nwodo, JCA, “Insubordination by a staff even in respect of one allegation […]

stephenazubuike
October 25, 2016
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Case Law

It is unethical for a lawyer to depose to an affidavit on behalf of his client in a case.

Bala v. Dikko [2013] 4 NWLR (Pt. 1343) 52 at 60 para G-H, per Mohammed, JSC: “…It [is] unethical and quite contrary to the Rules of Professional Conduct in the Legal Profession for… counsel to have filed the motion and also at the same time pose as a vital witness in the affidavit in support of […]

stephenazubuike
October 25, 2016
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571 Views

Case Law

Counsel should refrain from attending court merely to ask for adjournment so as to enable a more senior colleague to handle the matter

Madu v. Okeke [1998] 5 NWLR (Pt. 548) 159 at 164, per Tobi, JCA (of blessed memory): “…It is now a fashion for younger counsel to ask for adjournment on the ground that a more senior colleague would like to do the matter “personally”. Frankly, I do not know what this is all about…” Notes: […]

stephenazubuike
October 25, 2016
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242 Views

Case Law

On impropriety of classification of damages for breach of contract as “general” and “special”

Emirate Airline v. Ngonadi (No. 2) [2014] 9 NWLR (Pt. 1413) 506 at 546 paras. B-F, per Iyizoba, JCA: “…The terms “general” and “special” damages are normally inapt in the categorization of damages for the purposes of awards in cases of breach of contract. We have had occasion to point out before and we make the […]

stephenazubuike
October 25, 2016
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323 Views

Case Law

On need for party to move court on each prayer or relief on his motion paper

Society Bic S. A. v. Charzin Ind. Ltd. [2014] 4 NWLR (Pt. 1398) 497 at 546, paras. F-H, per Peter-Odili, JSC: “A need to reiterate a rather trite point is that a party or counsel on his behalf has to be up and doing in canvassing what relief they seek. Therefore a party must move […]

stephenazubuike
October 25, 2016
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373 Views

Case Law

Why are lawyers called learned?

Njaba L.G.C. v. Chigozie [2010] 16 NWLR (Pt. 1218) 166 at 193 paras. B-C per Ogunwumiju, JCA: “…A lawyer is always learning, that is why we are called learned.” Notes: To put it in clearer perspective, the process of continuous learning has seen lawyers navigate through diverse areas of human endeavour. For instance, before a […]

stephenazubuike
October 25, 2016
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292 Views

Case Law

A notice of preliminary objection is an interlocutory motion and may be decided along with the substantive suit.

Anibaba v. Badejo [2013] 5 NWLR (Pt. 1346) 42 at 62 paras. E-H, per Saulawa, JCA: A notice of preliminary objection, for all intents and purposes, is an interlocutory motion. On discretionary power of court to determine interlocutory application with substantive suit. “In the instant case, it’s so obvious, as copiously alluded above, that issues […]

stephenazubuike
October 25, 2016
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527 Views

Case Law

Writ of Summons is like Kola Nuts and Hot Drinks

In our traditional settings, using the Igbo tribe of Nigeria as an example, where a person has a case against his fellow kinsman, he is required to table same before the elders (mainly orally). This oral presentation of a case is usually accompanied by kola nuts and sometimes hot drinks before it can be welcomed […]

stephenazubuike
October 25, 2016
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324 Views

Case Law

On whether judgment of a court of competent jurisdiction can be reviewed by another authority

Ogunleye v. Aina [2011] 3 NWLR (Pt. 1235) 479 at 580, para E, per Agube, JCA: “…Under normal circumstances by virtue of sections 6 and 287 of the Constitution of the Federal Republic of Nigeria 1999, no authority, be it executive or legislative can review the judgment of a court of competent jurisdiction.” Notes: The adjudicatory […]

stephenazubuike
October 25, 2016
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339 Views

Case Law

An appellant can file two notices of appeal

Bilante Intil Ltd. v. N.D.I.C. [2011] 15 NWLR (Pt. 1270) 407 at 422, paras. F-G, Fabiyi, JSC: “An appellant can file two notices of appeal. However, he must choose which of them he intends to rely upon.” Notes: A notice of appeal is in the rank of an originating process for it is by it […]

stephenazubuike
October 25, 2016
0 Comments
229 Views

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