Court of Appeal Archives

Does the Freedom of Information Act apply to States of the Federation of Nigeria?

EDOSACA v. Osakue & Ors [2018] 16 NWLR (Pt. 1645) 199 at 224-225, paras. H-A, per Oseji, JCA: “…The Freedom of Information Act, though a noble and worthwhile piece of legislation, does not have automatic application to the States as submitted by learned Counsel for the Respondents. It therefore behooves any State interested in adopting […]

stephenazubuike
November 30, 2018
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Case Law

Is “Further Brief of Argument” known to law?

Mrs. Umma Mohammed & Ors v. The Minister, Federal Ministry of Environment, Housing and Urban Development & Ors. [2018] 16 NWLR (Pt. 1644) 179 at 189 paras. D-E, per Ogakwu, JCA: “The Appellants’ Further Brief of Argument was filed without any order of Court. In fact, a Further Brief is unknown to the Court of […]

stephenazubuike
November 27, 2018
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162 Views

Case Law

Use of expired NBA Stamp is not Fatal.

Emechebe v. Ceto Int’l (Nig.) Ltd. [2018] 11 NWLR (Pt. 1631) 520 at 534, paras. B-C, per Abubakar, JCA: “The originating processes were duly signed and stamped by the learned counsel for the Respondent, and a stamp of the legal practitioner affixed even though expired, in my view, there is no sufficient basis to strike […]

stephenazubuike
August 25, 2018
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Single notice of appeal on multiple decisions

Case Law

A single notice of appeal can be used to challenge multiple decisions of a court in a case.

Uchiv v. Sabo [2016] 16 NWLR (Pt. 1538) 264 at 295 paras. B-G, per Georgewill, JCA: “It is thus the law that a party aggrieved with both decisions of a court at an interlocutory stage and the final determination of a case can conveniently and competently vide a single notice of appeal challenge both […]

stephenazubuike
February 6, 2018
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268 Views

Special Feature

THE CASE OF SIFAX NIGERIA LTD VS MIGFO NIGERIA LTD: WAS THE COURT OF APPEAL LAYING DOWN THE PRECEDENT OF NOT FOLLOWING PRECEDENTS?

‘…Nobody knows, until a case has come to trial, what will emerge from all the “authorities”… Every lawyer is aware of points on which the authorities are conflicting and obscure, and as precedents multiply, so do the conflicts and obscurities’. Sir Carleton Kemp Allen (Case Law: An Unwarrantable Intervention (1935) 51 LQR 333). […]

stephenazubuike
January 16, 2018
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310 Views

Case Law

ALL decisions of the National Industrial Court are appealable to the Court of Appeal.

Skye Bank Plc v. Iwu [2017] 16 NWLR (Pt. 1590) 24 at 105-106, paras. H-E, per Nweze, JSC: “In all, then, on a holistic interpretation of sections 240 and 243(1) of the 1999 Constitution, appeals lie from the trial court (National Industrial Court) to the lower court (Court of Appeal), that is, all decisions […]

stephenazubuike
November 24, 2017
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246 Views

Case Law

THE COURTS HAVE JURISDICTION TO DETERMINE PRE-ELECTION MATTER EVEN AFTER THE CONDUCT OF THE ELECTION

Dahiru & Anor. v. A. P. C. & Ors [2017] 4 NWLR (Pt. 1555) 218 at 244, paras. H-A, per Rhodes-Vivour, JSC: A suit does not become academic simply because what gave rise to the action is concluded. A pre-election matter that was instituted prior to the conduct of an election subsists and the court in […]

stephenazubuike
April 5, 2017
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180 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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364 Views

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