Court of Appeal Archives

BETWEEN THE LINES: WHAT THE COURT OF APPEAL MISSED IN UNION BANK V. ORIGIN OIL & GAS LTD

Introduction Banks ensure the wheel of commercial activities continue to roll through the provision of credit facilities to business entities. Commercial lending also offers investment benefits to banks which include increased revenue and financial stability. As businesses grow and the banks become more stable, stronger bank-customer relationships are built. One of the biggest threats to […]

stephenazubuike
May 9, 2025
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Politics

THE KANO DEBACLE THROWS THE JUDICIARY INTO QUAGMIRE OF RIDICULE

THE KANO DEBACLE THROWS THE JUDICIARY INTO QUAGMIRE OF RIDICULE Kano Debacle In the 18 March 2023 Kano State gubernatorial election, Abba Yusuf, the candidate of the New Nigeria Peoples Party (NNPP) was declared winner. He defeated Yusuf Gawuna of the All Progressives Congress (APC). As expected, all roads led to the Kano State Governorship […]

stephenazubuike
November 25, 2023
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Case Law

MAREVA INJUNCTION: COURT OF APPEAL MOVES TO CHECK ARBITRARY USE BY CREDITORS

Introduction A creditor is exposed to several kinds of challenges in the attempt to recover debts. One of such challenges could be in this form – While the creditor is making moves to recover the debt, especially by court action, the debtor might, in a bid to save the debtor’s assets, secretly move the assets […]

stephenazubuike
November 4, 2021
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Case Law

ATM DISPENSE ERROR: WHAT THE COURT OF APPEAL DECIDED AND WHY ALL BANKS SHOULD CARE

In the case of Mr. Moses G. Jwan v. Ecobank Nigeria Plc & UBA Plc [2021] 10 NWLR (Pt. 1785) 449, Jwan was a customer of Ecobank. He used the Automated Teller Machine (ATM) card issued to him by Ecobank on the ATM belonging to UBA where he tried to withdraw the sum of N10,000. […]

stephenazubuike
September 23, 2021
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Case Law

COURT CONDEMNS LAWYER FOR MAKING FALSE SUBMISSION JUST TO WIN AN ARGUMENT

El-Hanan Ventures Ltd. v. R. M. S. Ltd. [2021] 10 NWLR (Pt. 1784) 211 at 232-233, per Hassan, JCA.* It is also the contention of the Appellant that the enrolled Order did not reflect the Judgment, as the trial Court only made orders in respect of reliefs 1 and 3 while in the drawn up […]

stephenazubuike
September 22, 2021
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HOW TO SAVE YOUR ACCOUNT FROM BANK’S EXCESS CHARGES: BUSINESS AND LEGAL TACTICS

Case Law

HOW FGN’S SHREWD MOVE TO AVOID A COMPROMISED N9.7B JUDGMENT DEBT WAS BLOCKED BY THE SUPREME COURT

Many a time, the Federal Government of Nigeria (FGN), through some of its agencies, enter into several kinds of contracts. However, through what sometimes appear to be floppy policies, politics, negligence, corrupt practices or mere mischief, the FGN gets involved in unnecessary and avoidable contract breaches. Consequently, the Government is held liable in damages. The […]

stephenazubuike
June 27, 2021
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Case Law

JURISDICTION OF THE FEDERAL HIGH COURT: ACCESS BANK MAKES “ABSURD” ARGUMENT AT THE COURT OF APPEAL

Access Bank Plc v. Okpu [2021] 6 NWLR (Pt. 1773) 563 at 588 per Ogakwu, JCA It is, most respectfully, ludicrous, preposterous and specious for the Appellant (Access Bank Plc) to contend that the loan facility it granted its customer in the course of carrying on banking business is a simple contract which does not […]

stephenazubuike
May 24, 2021
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Case Law

MOST COUNSEL APPEARING BEFORE THE SUPREME COURT CITE CASES LIKE ROBOTS – NWEZE, JSC

Access Bank Plc v. Onwuliri [2021] 6 NWLR (Pt. 1773) 391 at 418-419 My Lords, permit me to make one observation before signing off this Judgment. Learned Counsel for the Appellant, like most Counsel appearing before us, has the tendency of adopting a mechanical, robotic approach to the citation of cases. In the instant appeal, […]

stephenazubuike
May 23, 2021
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Notable Pronouncements

COURT ENCOURAGES THE PUBLIC TO SUE LAWYERS FOR PROFESSIONAL NEGLIGENCE

Recently, the Nigerian Court of Appeal made a pronouncement, encouraging litigants to sue their lawyers for any professional negligence. This was in the case of Fasehun & Ors v. Adesida & Ors [2021] 4 NWLR (Pt. 1767) 514 at 525. In that case, Hon. Justice Danjuma, JCA declared: I must reiterate that the scenario of […]

stephenazubuike
April 21, 2021
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Case Law Real Estate

COURT ORDERS CROWN REALTIES PLC TO REFUND N44.9M TO PROPERTY SUBSCRIBER FOR TOTAL FAILURE OF CONSIDERATION: LESSONS

The Story Mr. Dan Ngerem v. Crown Realties Plc [2021] 4 NWLR (Pt. 1767) 476 Mr. Dan Ngerem (“The Appellant) entered into a contract under which Crown Realties Plc (“The Respondent”) agreed to sell six houses in Crown Estate, Lekki, Lagos owned by Crown Realties. The agreed completion period was nine months from the date […]

stephenazubuike
April 20, 2021
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