Supreme Court Archives

SUPREME COURT UNCOVERS COUNSEL WHO GOT SNEAKY WITH THE RECORD OF APPEAL

When a court (trial court or lower Court) concludes the trial of a case and delivers its judgment, the party aggrieved with the judgment usually reserves the right to appeal to a higher court (appellate court) for review. The appeal procedure begins with the filing of a Notice of Appeal (or in appropriate cases, an […]

stephenazubuike
September 6, 2020
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Case Law

N2.5B JUDGMENT DEBT: HOW STANBIC IBTC BANK CAME UNDER THE KNIFE OF OUR TECHNICAL RULES

In the determination of rights and liabilities of persons under the Nigerian justice system, the primary duty of the courts is the application of law to facts to arrive at a conclusion. To achieve this, there are other rules of procedures (forming the whole body of procedural law) that assist the courts in entertaining and […]

stephenazubuike
March 22, 2020
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Case Law

[LOCUS CLASSICUS] – SUPREME COURT RULES THAT WINDING-UP ORDER MEANS AUTOMATIC DISMISSAL OF COMPANY EMPLOYEES

Winding-up of a company is the process of bringing the existence of the company to an end. The liquidator is the chief executioner who is empowered to oversee the proceedings. It is an elementary principle of Company Law that upon the making of a winding-up order and the appointment of a liquidator, the powers of […]

stephenazubuike
March 17, 2020
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460 Views

Case Law

UZODINMA VS IHEDIOHA: SUPREME COURT’S FINDINGS THAT CHANGED THE TEMPO OF THE GAME

Imo State of Nigeria and the whole country was thrown into shock when the news broke out that on 14 January 2020, the Supreme Court sacked Mr Emeka Ihedioha as the Governor of the State. Mr Ihedioha became the first Governor among the set of Governors elected in 2019 to be removed from office through […]

stephenazubuike
January 23, 2020
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395 Views

Case Law

IS A TEXT MESSAGE PROPER MODE OF SERVICE OF HEARING NOTICE?

C. M. & E. S. Ltd. v. Pazan Services Nig. Ltd. [2020] 1 NWLR (Pt. 1704) 70 The Story A company, Pazan Services Nig. Ltd. (“The Respondent”) sued another company, Compact Manifold & Energy Services Ltd. (C. M. & E. S. Ltd. – “The Appellant”) at the High Court of Lagos State for the recovery […]

stephenazubuike
January 22, 2020
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666 Views

Case Law Notable Pronouncements

Filing of frivolous appeals for the sake of Silk Rank have been judicially noticed.

Ogheneovu v. Federal Republic of Nigeria [2019] 13 NWLR (Pt. 1689) 235 at 269, per Eko, JSC: “Mr. Kupolati, Appellant’s Counsel before us, was also the Counsel retained by this same Appellant at the lower Court. To say the least, the formulation of the spurious appeal at the lower Court is just a mere pretext, […]

stephenazubuike
October 17, 2019
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230 Views

Case Law

Can “Persons Unknown” maintain an action in Court?

Background. In law, a named person has the right to sue unknown and unnamed person(s). For instance, where unknown and unidentified persons are in unauthorised occupation/possession of property as squatters, the owner of property has the right to evict them even without recourse to court. However, considering the possibility of a violent altercation occurring, the […]

stephenazubuike
October 17, 2019
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withdrawal for purpose of amicable settlement

Case Law

It is risky to withdraw a case for the sake of exploring amicable settlement.

Introduction Exploring amicable resolution of disputes has remained one of the most desirable steps to take whenever dispute arises. In fact, approaching the court by way of filing a suit ought to be the last option especially in civil cases, particularly commercial disputes. It is in recognition of this fact that many contract documents include […]

stephenazubuike
October 5, 2019
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Case Law Notable Pronouncements Special Feature

ONNOGHEN: SUPREME COURT SAYS CROSS RIVER STATE IS AN “UNSOLICITED MOURNER.”

Introduction Histories are usually made up of both sweet and bitter stories; believable and unbelievable stories. Facts and fictions. Lies and truth. The History of Nigeria is not left out. The popular story of the former Chief Justice of Nigeria (CJN), Honourable Justice Walter Samuel Nkanu Onnoghen, CJN (Hon. Justice Onnoghen) and how he was […]

stephenazubuike
September 3, 2019
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367 Views

Case Law Law News

How court stopped overzealous lawyer who sued CAC in his own name for name rejection.

Background Mustapha v. Corporate Affairs Commission [2019] 10 NWLR (Pt. 1680) 355. A legal practitioner, Adekola Mustapha Esq., (“the Appellant”) presented the names of three proposed companies to the Corporate Affairs Commission (CAC) (“the Respondent”) for reservation, in preparation for registration. CAC refused to approve any of the names for reservation on the ground that […]

stephenazubuike
August 30, 2019
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614 Views

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