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ACTION: JUDGMENTS OF NIGERIAN COURTS

Comprehensive A-Z PDF Copy of this Index complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com


TITLE

MAIN ISSUES

A G  LEVENTIS AND CO LTD V. ABASIOGBOYE

ACTION:- Action validly commenced - Subsequent change of defence making proceeding irregular - Effect.

ACTION:- Action for possession - Defendant as­serting in pleadings to be owner-At trial claiming to be a tenant - Effect.

A. G. ANAMBRA STATE V. A. G. FEDERATION

ACTION:- Action validly commenced - Subsequent change of defence making proceeding irregular - Effect.

ACTION:- Action for possession - Defendant as­serting in pleadings to be owner-At trial claiming to be a tenant - Effect.

A.D. GULAB (NIGERIA) LTD V. SACHDEVA

ACTION:- Action validly commenced - Subsequent change of defence making proceeding irregular - Effect.

ACTION:- Action for possession - Defendant as­serting in pleadings to be owner-At trial claiming to be a tenant - Effect.

A.G, FEDERATION V. AJIBOSE

 

A.-G, FEDERATION V. A.-G, IMO STATE & ORS.

 

A.-G, FEDERATION V. JOSIAH AJIBOSE

 

ABACHA and ORS V. SECRETARY OF STATE FOR THE HOME DEPARTMENT

ACTION:- Cause of action – meaning of. Joinder of parties - complaint of non-joinder after issue of third party notice

ABANG V. EFFIOM AND OTHERS

ACTION:- Civil Action - Damages - Trespass and injunction - 250 acres of land granted under Native Law and Custom of Izundu.

ABBEY NATIONAL BUILDING SOCIETY V. MAYBEECH LTD AND OTHERS

 

ABDALLAH V. ACHOU

 

ABDUL GAFAR V. THE GOVERNMENT OF KWARA STATE

ACTION:- Enforcement of Fundamental rights - Action therefor -Jurisdiction of court to entertain - Condition precedent thereto.

ABDUL YARI, ALIYU GANDU AND MUSA BAKO V. AUDU SARKI (CA

ACTION:- Why court will not make an un-enforceable order).         

ABDULHAMID V. AKAR

ACTION - FUNDAMENTAL RIGHTS ENFORCEMENT PROCEDURE:- Reliefs or claims not maintainable under the Fundamental Rights (Enforcement Procedure) Rules – Need for Court to apply the correct or proper principle by solely examining the reliefs or claims of the Applicant

ACTION – FUNDAMENTAL RIGHTS ENFORCEMENT PROCEDURE:- Common law claims - Different types of torts such as assault and battery, trespass to land, trespass to chattel or goods, detinue and even false imprisonment disclosed by evidence adduced before court - Whether a claim under the common law can properly be joined in an application under fundamental rights enforcement procedure of the Constitution, where such a claim is secondary, ancillary or incidental to the complaint of a breach of fundamental right

ACTION – COMPETENCY - FUNDAMENTAL RIGHTS ENFORCEMENT PROCEDURE: -  Claims and reliefs found to be primarily tortious in nature - Where the tortious claims are the principal claims even if there existed some fundamental rights infringement as found by court – Whether Court would be entitled to hold that a wrong procedure has been adopted under the Fundamental Rights (Enforcement Procedure) Rules, instead of by the issuance of a Writ of Summons – Whether bringing such a suit under a fundamental rights enforcement procedure instead of a writ of suits is a fundamental breach and not a mere technicality, which can be waived or ignored and thus incompetent – Whether such failure infringes one of the indicia of jurisdiction as laid down in Madukolu v. Nkemdilim (1962) All N.L.R. (part 2) 581 at 589, to wit: that an  action is initiated by due process of law which in that case is by writ of summons

ABDULLAHI BAlDO V. SIKIRU USMAN

ACTION:- Undefended list procedure - Object of - Matters brought thereunder - Need for careful determination of to avoid defeat of the object.

ABIA V. OGBU

ACTION:- Representative actions - Defending in representative capacity - Grant of authorisation from co-defendants - Need for consequential amendments.

ACTION:- Representative actions - Persons De­fending in representative capacity - Need for authorization from co-de­fendants.

ABIBATU FOLAMI & ORS V. FLORA COLE & ORS

PRACTICE AND PROCEDURE – CIVIL PROCEEDINGS:- Allegation of fraud in civil actions – Burden of proof – Whether beyond reasonable doubt – Onus of proof

ABIETO ALAGOMA & ORS v. SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED

ACTION - PRELIMINARY OBJECTION - JURISDICTION:– What determines jurisdiction of court- Jurisdiction over mining operations- Proper order to make when a court declines jurisdiction

ABIODUN V. FASANYA

ACTION:- Civil Action -Nature of proof Res judicata Land Declaration of title Injunction Defendant did not file pleadings Moved the court to dismiss the claims Trial court finding against defendant Appeal Judgment of trial court reversed – How treated

ABIOLA V. IJOMA (HC

 

ABU AND ORS. V. ODUGBO AND ORS.

ACTION:- Declaratory relief - The usage of.

ABUBAKAR V. BEBEJI OIL AND ALLIED PRODUCTS LTD

 

ABUBAKAR V. CHUKS

 

ABUKOGBO V. AFRICAN TIMBER AND PLYWOOD LTD. (CA)

ACTION:- ACTION for damages for wrongful dismissal.

ABURIME V. NIGERIAN PORTS AUTHORITY

 

ACB  PLC V. EMOSTRADE LTD

ACTION:- Misnormer – Meaning and nature of - Where the proper is not before the court – Nature of misnormer that can vitiate proceedings - How cured - Whether an application can be made to correct same – Evidence that both parties are ad idem as to the identity of the party suing- Effect - Duty of court thereto

ACTION:- Competence to bring an action – Party bringing an action as a duly incorporated limited liability company – Whether needs to prove status through evidence of certificate of incorporation – Failure to do so – Whether can be cured by admission of the opposing party

ACTION:- Right of action – Whether only maintainable by a legal or juristic person – Onus for proving status of a juristic person derived from incorporation – On whom lies – Whether a sine qua non for competency of the action – How proved – Whether only by the production of its certificate of incorporation – Whether an admission suffices

ADAJA V. APOTI

 

ADEBAJO V. ADEBAJO (S.C.)

ACTION:- Civil Action –  whether counter-claim is necessary to entitle defence to an order pronouncing in favour of the Will.

ADEBANJO OLAYINKA V. ADEBOLA ADEPARUSI & ANOR

ACTION:- PLEADINGS: Whether it is the plaintiff claims in the writ that determines whether or not a particular case comes within the jurisdiction of a Court

ADEBUSUYI V. BABATUNDE ODUYOYE

ACTION: - Justiciability – Electoral Matters - Candidacy of a person at an election - Whether justiciable – Relevant considerations

ACTION: - Locus standi - Meaning of - How determined

ADEBUTU V. LAGOS CITY COUNCIL

ACTION for Mandatory Injunction

ADEDIBU AND ANOTHER. V. OLOFA

 

ADEDIRAN  V. INTERLAND TRANSPORT LIMITED

ACTION:- Joinder of parties – Objectives – Whether the rule is not meant to clothe persons with right to sue in respect of claims in which they do not have a particular or special interest or where they have suffered no special damage

ACTION – REPRESENTATIVE ACTION:- Order 13 rule 14, - What needs to be proved – Need for the persons being represented and the persons representing them to have the same interest in the cause or matter and for them to have must a common grievance

ACTION:- Sending of letter or authority to Court after case is adjourned for judgment – Propriety – Whether accords with practice of the court – Restriction – Whether only authorities which relate to the submissions made in the course of argument can be admitted after adjournment for judgment

ADEDOJA AND OTHERS V. ADEBOWALE AND ANOTHER.

 

ADEFARATI V. ADEFARATI(HC)

 

ADEGOKE MOTORS LTD. V. .ADESANYA

ACTION:- Entering appearance thereto - How effected.

ACTION:- Issues for decision in a case - What constitute.

ADEJUMO V. GOVERNOR OF LAGOS STATE

ACTION:- Brief writing - Typographical error - Duty of Counsel and Judge to put right non consequential matters in order to bring case up to state of hearing and to proceed with hearing of case.

ADEKANBI V. AYORINDE

 

ADEKEYE AND ORS. V. AKIN-OLUGBADE

ACTION:- Limitation of action - Whether applicable to trust action and property

ADEKUNLE V. AYINKE

ACTION:- Civil Action -  Claim for declaration of title - Acts of possession as proof of ownership – Onus on plaintiff to prove continuous and unchallenged acts of possession covering sufficient period - Whether modified by section 145, Evidence Act

ADELUSOLA  V. AKINDE

ACTION:- Claim of plaintiff - How ascertained.

ADEMESO V. OKORO

ACTION – EVIDENCE:- Affidavit evidence – Pre-trial proceedings - Declaration of an intention to amend pleadings at trial– whether amounts to an amendment of the pleadings – need for court to hold parties to averments in their pleadings before the court

ADENIJI V. THE PROBATE REGISTRAR

ACTION:- Application for relief as an Executor.

ADEOSUN V. BABALOLA AND ANOTHER

ACTION:- Civil Action - Appellate court calling counsel for respondent to show cause why appeal should not he allowed - Effect of - Court non-suiting appellants without hearing arguments - Propriety.

ADEOYE ADEJOBI TRADING STORES LTD. V. AINA

 

ADEPOJU V. OKE

ACTION:- Cause of action - Trespass to land - Continuing trespass - When this may occur to give rise to cause of action

ADEREMI ADEDAMOLA AJIDAHUN  V. MRS. DAPHINE OTERI AJIDAHUN

ACTION:- Service of writs – Fundamental nature of  - Need for the Defendant to be served with the process so as to enable him appear in Court to defend the relief being sought against him

ACTION – SERVICE OF WRITS:- Proof of service of writs - When Bailiff has sworn to the proof of service – Whether that is in law a compelling prima facie proof of Service of writ – How rebutted

ACTION – SERVICE OF WRITS:- Service by substituted means – What constitutes proper execution of same – Pasting on last known address of defendant  - When deemed effective

ADERIBIGBE JEOBA V. OSHO OWONIFARI

 

ADESANOYE  V. ADEWOLE

ACTION:- Cause of action - Applicable law to a cause of action – need to connect properly

ADESHINA V. LEMONU

ACTION:- Action for injunction against interference with public right - Need vel non to join Attorney-General - Plaintiff suffering special damage

ADESINA V. KOLA

ACTION:- Action for money had and received - Nature of - When action lies therefor.

ACTION:- Applicable law to a cause or matter - What determines.

ACTION:- Commencement of action -Action for compensation -Compensation for land acquired under Public Lands Acquisition Law Cap. 105 Laws of Western State - When to institute.

ADESOKAN  V. ADEGOROLU

ACTION:- Cause of action - Meaning and determination of

ACTION:- Reasonable cause of action - Determination of - Duty on court.

ADESOKAN  V. ADETUNJI

ACTION:- Reasonable cause of action - Lack of’locus standi -Whether synonymous therewith.

ADEWOYIN  V. OKUNOLA

ACTION:- Multiplicity of actions - Attitude of court.

ADEWOYIN V. ADEYEYE

ACTION:- Action Plaintiffs-Branch suing re family land allotted to it.

ADEYEMI AND OTHERS. V. BAMIDELE AND ANOTHER.

ACTION:- Civil Actions - Fatal Accident - Claims by wives and children - Marriage under Native Law and Custom - Marriage to be proved as a matter of fact - Children acknowledged by deceased - Whether illegitimate - Yoruba Customary Law.

ADEYEMI V. ADEYEMI

 

ADIATU LADUNNI & ANOR. V. WEMA BANK LIMITED & ANOR.

ACTION - COUNTER-CLAIM- whether a counter affidavit is an independent action-whether the failure of the plaintiffs' claim affects the defendant's counterclaim -need for counter-claim to be properly pleaded

ACTION - PLEADINGS: whether pleadings are regarded as evidence by itself – when can be deemed abandoned

ADIATU LADUNNI V. KUKOYI

 

ADIGUN V. AYINDE

ACTION:- Applicable law to cause or matter - What determines.

ACTION:- Commencement of action - Action against public officer - When to file.

ACTION:- Commencement of action - When action statutorily prescribed to commence within a particular period - Need to file action within the period - Where action not so filed - Effect.

ACTION:- Competence of action - Preliminary objection challenging - What it postulates.

ACTION:- Preliminary objection to an action on point of law - When to raise.

ACTION:- Trial of an action - When it is unnecessary to take evidence.

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