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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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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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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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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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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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375 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
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602 Views

Case Law

Period of limitation cannot be extended by the court except where expressly provided for.

Abubakar v. Nasamu (No.1) [2012] 17 NWLR (Pt. 1330) 407 at 459-460, paras. H-A, per Adekeye, JSC: “Where the limitation of time is imposed in a Constitution, Statute, Decree or Edict unless they make provision for extension of time, the courts cannot extend the time…” Notes: Mostly, in civil actions, an aggrieved party does not […]

stephenazubuike
October 25, 2016
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591 Views

Case Law

On effect of parties giving different names to land in dispute

Atanda v. Iliasu [2013] 6 NWLR (Pt. 1351) 529 at 555, paras. C-D, per Ogunbiyi, JSC: “The law is trite that ascribing different names to land by parties is immaterial for purpose of proving identity of land.” Notes: The law is that the identity of land in dispute can be proved by: (1) The plaintiff adducing […]

stephenazubuike
October 25, 2016
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668 Views

Case Law

On when defendant not sued in his proper name will not be heard to complain on appeal

Agbule v. W.R. & P. Co. Ltd. [2013] 6 NWLR (Pt. 1350) 318 at 341, paras. B-C, per Ogunbiyi, JSC: “It goes without saying therefore that a defendant/respondent who did not protest against the name used and in fact filed processes… cannot now be heard to complain at this stage. This is because he is […]

stephenazubuike
October 25, 2016
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657 Views

Case Law

On whether a notice of appeal signed by law firm can be rectified or amended

Unity Bank Plc v. Denclag Limited [2012] 18 NWLR (Pt. 1332) 293 at 327, paras. B-F, per Peter-Odili, JSC: “Going by decision in Okafor v. Nweke (supra) [that a firm of legal practitioners cannot legally sign any process in court], learned counsel for the respondents submits that the implication is that there was no appeal […]

stephenazubuike
October 25, 2016
0 Comments
401 Views

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