abuse of court process Archives

FURTHER PERSPECTIVES ON RECEIVERSHIP: I.T.B. PLC V. OKOYE IN FOCUS

Introduction Receivership remains one of the ways a secured creditor may recover debts owed to it by a company. By this, a creditor reserves the right to appoint (by deed) a receiver for the purpose of realising the assets (sell some of the assets or the company itself) of the debtor company towards the satisfaction […]

stephenazubuike
September 24, 2021
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Case Law Notable Pronouncements

SUPREME COURT LIKENS COUNSEL WHO FILED FRIVOLOUS APPEAL TO A FRENCH BOURBON

In recent times, the Supreme Court of Nigeria has been lamenting against the filing of frivolous appeals especially by counsel whose skins are craving the feel of the highly coveted silky gowns. In demonstrating its displeasure, we have seen the apex Court awarding high costs against offending counsel. Frivolous appeals are mostly appeals touching on […]

stephenazubuike
September 25, 2020
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Case Law Notable Pronouncements

The Court is not the last hope of corrupt and desperate politicians.

Pali v. Abdu [2019] 5 NWLR (Pt. 1665) 320 at 335, paras. G-H, per Eko, JSC: “The Appellant attempted, unsuccessfully, to “steal” nomination as the candidate of the APC for Alkaleri/Kirfi Federal Constituency, in Bauchi State. He was checkmated. The suit, culminating in this appeal is one of the ploys politicians use, clearly an abuse […]

stephenazubuike
May 7, 2019
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Case Law

It is unethically irresponsible for counsel to furnish authority with wrong citation.

Kassim v. State [2018] 4 NWLR (Pt. 1608) 20 at 48, paras. A-C, per Eko, JSC: “Relying on Alake v. The State (1991) 7 NWLR (Pt. 2003) (sic) learned counsel for the respondent submits that there is nothing sacrosanct about proof beyond reasonable doubt. I am sure the citation for Alake v. The State […]

stephenazubuike
March 21, 2018
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Abuse of court process should be avoided

Case Law Notable Pronouncements

Notable Pronouncement: Supreme Court Condemns Sharp Practices in Judicial Process.

PDP v. Ezeonwuka [2018] 3 NWLR (Pt. 1606) 263-264, paras. E-C, Eko, JSC: “The instant suit was conceived in the guise of Jankara practice; the aim of which is the abuse of judicial process. Time was when a landlord in Jankara area of Lagos would engage a lawyer to evict a tenant by resort […]

stephenazubuike
March 21, 2018
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Case Law Notable Pronouncements

Heads of court must prevent politicians from abuse of court process.

PDP v. Sen. Ali Modu Sheriff & Ors. [2017] 15 NWLR (Pt. 1588) 219 at 279-280, paras. F-B, per Rhodes-Vivour, JSC: “The 1st respondent and his allies filed over ten suits. The Court of Appeal had this to say. The 1st appellant (i.e. 1st respondent) I agree displayed an infantile desperation to cling to […]

stephenazubuike
October 30, 2017
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75 Views

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