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On vagueness of ground of appeal and an argumentative ground

Ogbodu v. S.S.A.U.T.H.R.I.A.I. [2013] 3 NWLR (Pt. 1341) 261 at 278, paras. C-F, per Shoremi, JCA: “A ground which is vague or general in terms is not permissible. Vagueness of a ground may arise as it is in this instant case couched in a manner that does not provide any explicit standard for its being understood […]

stephenazubuike
October 25, 2016
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Case Law

On importance of the use of nomenclature in matters relating to land and landed property

Osadebe v. Osadebe [2013] 3 NWLR (Pt. 1342) 584 at 601, paras. D-G, per Oseji, JCA: “…It is of utmost importance to state here that in matters relating to land and landed property the application and use of a particular nomenclature such as “partition”, allotment (e.t.c.) matters a lot as it could make a difference […]

stephenazubuike
October 25, 2016
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242 Views

Case Law

Failure of court to consider issues raised before it amounts to breach of fair hearing.

Anambra State Government v. Anambra State House of Assembly [2013] 3 NWLR (Pt. 1341) 236 at 256, paras. A-B, per Jauro, JCA: “Ordinarily where an issue has been raised by a party and the said issue distilled from the issues joined from the pleadings, the failure of the court to consider such an issue amounts to […]

stephenazubuike
October 25, 2016
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306 Views

Case Law

On construction of expropriatory statutes

Provost Lagos State College of Education v. Edun [2004] 6 NWLR (Pt. 870) 476 at 509, paras. D-E, per Tobi, JSC (of blessed memory): “It is settled law that expropriatory statutes which encroach on a person’s proprietary rights must be construed fortissime contra preferentes that is strictly against the acquiring authority but sympathetically in favour […]

stephenazubuike
October 25, 2016
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Case Law

A court can set aside its decision made without jurisdiction

Egunjobi v. Federal Republic of Nigeria [2013] 3 NWLR (Pt. 1342) 534 at 564, para A, Muhammad, JSC: “Where a court discovers that it acted without jurisdiction, it can fall back on its inherent jurisdiction to set aside its decision in the matter.” Notes: According to Brian A. Garner (ed). Black’s Law Dictionary, 9th edition, […]

stephenazubuike
October 25, 2016
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497 Views

Case Law

Where a court admits a piece of evidence, the whole of the evidence must be used.

Procter & Gamble Co. v. G.S. & D. Ind. Ltd. [2013] 1 NWLR (Pt. 1336) 409 at 455, paras. C-D, per Ogunwumiju, JCA: “…Where a court admits a piece of evidence, the whole of the evidence must be used. Courts may not analyse and depend on a piece of evidence in support of a party’s […]

stephenazubuike
October 25, 2016
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244 Views

Case Law

On e-mail as a form of communication

Continental Sales Ltd. v. R. Shipping Inc. [2013] 4 NWLR (Pt. 1343) 67 at 85, paras. G-H, per Ogunwumiju, JCA: “E-mail is a form of communication that is set down in writing. It is not oral. The fact that it is electronic is immaterial. It is not in thin air. It can be downloaded and […]

stephenazubuike
October 25, 2016
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257 Views

Case Law

ON LIMIT TO POWERS OF THE SUPREME COURT UNDER SECTION 22 OF THE SUPREME COURT ACT

Ugba v. Suswam [2013] 4 NWLR (Pt. 1345) 427at 477, paras. B-D, per Rhodes-Vivour, JSC: Section 22 of the Supreme Court Act confers wide powers on this court to rehear a matter as if it was the trial court, but where the trial court no longer has jurisdiction to hear a matter this court cannot […]

stephenazubuike
October 25, 2016
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507 Views

Case Law

On whether a returning officer can review or cancel results after declaration of same

Umar v. Labo [2013] 4 NWLR (Pt. 1345) 496 at 531, paras. A-B, per Orji-Abadua, JCA: “…It is the law that once a returning officer made a declaration of the scores of the parties and returned a candidate based on that declaration, his decision is final and cannot be reviewed even by him, but, by […]

stephenazubuike
October 25, 2016
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280 Views

Case Law

On how to challenge decision of Court of Appeal dismissing a preliminary objection to the appeal before it

Kubor v. Dickson [2013] 4 NWLR (Pt. 1345) 534 at 564, paras. C-D, per Onnoghen, JSC: “…The proper thing to do in law, is not to raise the same preliminary objection before this court but to appeal by way of cross appeal against the above finding/holding by that Court as that is the only acceptable […]

stephenazubuike
October 25, 2016
0 Comments
491 Views

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