PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
CASES AND JUDGMENTS RELATING TO “JUDGMENTS AND ORDERS” ISSUES CONNECTED WITH NIGERIAN COURTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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CASES AND JUDGMENTS RELATING TO “JUDGMENTS AND ORDERS” ISSUES CONNECTED WITH NIGERIAN COURTS
[This Index in full and Judgment(s)/listed and published here can be procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
| TITLE | MAIN ISSUES |
| 7 UP BOTTLING CO. LTD. V.ABIOLA AND SONS BOTTLING CO. LTD(CA) | JUDGMENT AND ORDER ‑ Order striking out an application ‑ Effect |
| A. G. ANAMBRA STATE V. A. G. FEDERATION | JUDGMENT AND ORDER – Order of Court – Person against whom it has been made – Obligation to obey the order. |
| A. G. FED. V. GUARDIAN NEWSPAPERS LTD. | JUDGMENT AND ORDER – Previous decision of Supreme Court – Bindingness of on Supreme Court- When will Supreme Court revisit and overrule same – Duty on party calling for revisit or overriding – What he must show to succeed. |
| A. I. C. LIMITED V. NIGERIAN NATIONAL PETROLEUM CORPORATION | JUDGMENT AND ORDER – Decision of court – Basis of – Need to be grounded on facts. JUDGMENTAND ORDER – Reliefs – Relief which High Court can grant in a matter – Nature and scope of – Section 14, High Court Law of Lagos State. |
| A.C.B. LTD V. EWARAMI | JUDGMENT AND ORDER: Power of a to make declaration orders – Basis of – Limitation thereto |
| ABASI V. ONIDO (CA) | JUDGMENT AND ORDER Writing of judgment Whether particular format or method therefor must be adopted- Mogaji V. Odofin (1978) 4 S.C. 94 explained. |
| ABBAS V. OLATUNJI SOLOMON | JUDGMENT AND ORDER – Enforcement of judgments or orders – Conditions precedent thereto – Where judgment or order given in absence of judgment debtor – What court should do – Need to ensure proper notice of order. |
| ABBEY V. ALEX (CA) | JUDGMENT AND ORDER – Stay of execution of judgment pending appeal – Onus on applicant |
| ABDULLAHI V. MILITARY ADMINISTRATOR(CA) | JUDGMENT AND ORDER – Declaratory reliefs – grant of – principle guiding same JUDGMENT AND ORDER – Declaratory order – grant of – whether on strength of admission by parties and the imperative of leading evidence and argument to justify same – impropriety of. |
| ABIEGBE V. UGBODUME | JUDGMENT AND ORDER – Findings of Court in conflict with pleading and evidence -effect of – order of non – suit – when made – effect of – failure of a court to consider a material fact in a case – effect of – can it be said to be inconsequential or trivial. |
| ABIMBOLA DARAMOLA V. WALE ARIBISALA & ANOR | JUDGMENT AND ORDER – OBITER DICTA: Whether issues for determination based on a ground of appeal from a concurring judgement which is different from the leading judgement amounts to an obiter dicta |
| ABIOLA & SONS BOTTLING CO. LTD V. 7UP BOTTLING CO. LTD & ORS | JUDGMENT- validity of court judgment- whether a judgment on appeal can operate as res judicata |
| ABISI V. EKWEALOR | JUDGMENT AND ORDER – Previous judgment – Relevance of in later proceedings. |
| ABOUD V. THE REGIONAL TAX BOARD | JUDGMENT AND ORDER – Declaration – Consequential relief not claimed – Whether grantable. |
| ABRAHAM V. OLORUNFUNMI(CA | JUDGMENT AND ORDER – Writing of judgment – Proper approach thereto. |
| ABU AND ORS. V. ODUGBO AND ORS. | JUDGMENT AND ORDER – Decision of Supreme Court in Eguamwense V. Amaghizenwen (1993) 9 NWLR (Pt. 315) p.1 – whether binding on the Supreme Court in the determination of the appeal herein. |
| ABU V. KUYABANA | JUDGMENT AND ORDER – Pending action – type of orders that a court can make with respect to same. JUDGMENT AND ORDER – Order not sought by party – propriety of court granting such an order – power of appellate court to set aside same. |
| ABUBAKAR V. FEDERAL MORTGAGE BANK LTD.(CA) | JUDGMENT AND ORDER – Judgment of court – binding effect on parties and privies under the provisions of sections 54 and 55 of the Evidence Act. |
| ABUSOMWAN V. AIWERIOBA AND ANOTHER | JUDGMENT AND ORDER – Retrial order – When made – Principles guiding. |
| ACHIAKPA V. NDUKA | JUDGMENT and ORDER – Judgment given without or in excess of jurisdiction – effect of. |
| ADAKA V. MBEGBU | |
| ADEBISI JACOB OLAWEPO V. SECURITIES AND EXCHANGE COMMISSION | APPEAL – UNAPPPEALED JUDGMENT OF COURT: Effect of a judgment not appealed against by a party |
| ADEBUSUYI V. BABATUNDE ODUYOYE | JUDGMENT – JUDICIAL PRECEDENT: – Wike V. Ichenwo – Provisions of section 23 of the Electoral Act, 2002 – When precedent is overtaken by subsequent legislative enactment – Duty of court thereto JUDGMENT AND ORDER: – Reliefs – Relief not claimed by parties – Duty on court not to raise and grant same motu – Jusitfication |
| ADEDEJI V. NATIONAL BANK OF NIGERIA LTD (CA) | JUDGMENT AND ORDER – Order striking out a suit – nature of. |
| ADEDEJI ADESANYA V. FEDERAL REPUBLIC OF NIGERIA | JUDGMENT AND ORDER – AN ORDER OF RETRIAL: Circumstance where an order of retrial would be made |
| ADEDEJI V. OLOSO | JUDGMENTAND ORDER- Consent judgment – Nature of |
| ADEDIJI AND ANOTHER V. AKINTARO AND ORS | JUDGMENT AND ORDER – Declaration rebel’s-Declaration tied Loan injunction which was refused – Whether declaration can still be grunted. |
| ADEDOYIN V. SONUGA (CA) | JUDGMENT AND ORDER – Executory judgment – meaning of –distinction from Declaratory judgment -Consequential relief – Order for stay of execution |
| ADEFULU V. OKULAJA | JUDGMENT AND ORDER – Court orders – Need for government to obey. JUDGMENT AND ORDER – Judgment of trial court – Where declared null and void by appeal court – Effect on trial court. JUDGMENT AND ORDER – Null and void’ – Meaning of |
| ADEGOKE MOTORS LTD. V. .ADESANYA | JUDGMENTS AND ORDERS – Null orders – Jurisdiction of court that made Order to set it aside. JUDGMENTS AND ORDERS- Power of Supreme Court to overrule its decisions – Basis of |
| ADELAJA V. ALADE(2) | JUDGMENT AND ORDER – Reliefs -Applicant seeking an order deeming process as properly filed – What to show before order can be made. |
| ADELEKAN V. ECU-LINE NV | JUDGMENT AND ORDER:- Proper order the Court will make where it has no jurisdiction. |
| ADELEKE V. ASERIFA | JUDGMENT AND ORDER:- Failure to prove title in claim for title – Proper order – Dismissal or non-suit. |
| ADELUSOLA V. AKINDE | JUDGMENT AND ORDER – Non-suit – Order of – When it will be made – When it will not be made – Relevant considerations. |
| ADENIJI V. ADENIJI | JUDGMENT AND ORDER:- Duty of court to give judgment based only on facts pleaded or proved in evidence – Effect of failure thereto |
| ADESHINA V. LEMONU | JUDGMENT AND ORDER- INJUNCTION: Application for an injunction in respect of a violation of a common law right – Where existence of that right, or the fact of its violation is denied – What claimant must prove – Whether under special circumstances, entitled to an injunction to prevent a recurrence of that violation even if complaints affect general public |
| ADETORO V. ADEGBITE | JUDGMENT AND ORDER – Whether the unconventional review of defendant’s case before that of plaintiff affects judgment. |
| ADETOUN OLADEJI (NIG) LTD V. NIGERIAN BREWERIES PLC. | JUDGMENT. AND ORDER – Decision of Foreign courts -Bindingness of on Nigerian courts. JUDGMENT AND ORDER – Ratio decidendi -Ratio decidendi in a case -How determined. JUDGMENT AND ORDER – CONSTITUTIONAL LAW – JUDICIAL PRECEDENT:- Ratio decidendi -Ratio decidendi of a case -How determined. |
| ADEYE V. ADESANYA | JUDGMENT AND ORDER – Reliefs – Relief not sought – Duty on court not to grant – Where granted – Attitude of appellate court thereto. |
| ADEYEMIIKU ESAN V. WESTMINSTER DREDGING NIG. LTD. | JUDGMENT AND ORDER:- Time for delivery of – Constitutionally prescribed limit of 3 months after conclusion of evidence and addresses – Issue of validity of judgment raised suo motu by Supreme Court on appeal by Plaintiff against reversal of High Court judgment. |
| ADEYEMO V. AROKOPO | JUDGMENT AND ORDER – Scope – Order of retrial – Scope of – Principles applicable – Effect. |
| ADIGUN V. THE SEC., IWO LOCAL GOVT | JUDGMENT AND ORDER – Decision of Supreme Court – Finality of – When decision of Supreme Court may be reviewed by it. |
| ADISA AND ORS V. ATTORNEY GENERAL KWARA STATE AND ORS. | |
| ADO IBRAHIM & COMPANY LTD V. BENDEL CEMENT COMPANY LTD | JUDGMENT AND ORDER – REASON FOR THE JUDGMENT: The need for a court or tribunal to always give reasons for its judgment |
| ADOLO OKOTIE-EBOH V. ALERO JADESIMI | JUDGMENT AND ORDER – DECLARATION AND INJUNCTION:– Application for interim and ex parte order – How treated JUDGMENT AND ORDER – INTERIM RELIEFS:- Defendant contesting a matter which falls entirely into the realm of ‘proof’ at hearing of an interim application – Whether to allow the defendant to do so is to impose on the plaintiff the burden to first prove his case in order to be entitled to interim reliefs – Whether argument as to proof of locus standi is premature and does not properly arise at that stage. |
| ADOMBA AND OTHERS V. ODIESE AND OTHERS | JUDGMENT AND ORDER – Native court judgment – Binding Effect. |
| AFRIBANK NIGERIA PLC. V. MURAINA ADENIYI ALADE | JUDGMENT AND ORDER – Judgments of trial – court when perverse – attitude of appellate court thereto. |
| AFRICAN CONTINENTAL BANK LIMITED V. NNAMANI | JUDGMENT AND ORDER ‑ Regularity of Courts judgment ‑ Duty of court to protect its judgment |
| AFRICAN CONTINENTAL BANK LTD V. ADEBESIN | JUDGMENT AND ORDER – Court – Re-examination of validity of its own judgment – Propriety of JUDGMENT AND ORDER – “Decision” in Section 277 of 1979 Constitution – Meaning of |
| AFRICAN CONTINENTAL BANK PLC V. LOSADA NIGERIA LTD. & ANOR | JUDGMENT AND ORDER – Court order – Interpretation of – Guide thereto. JUDGMENT AND ORDER – Default judgment -Judgment obtained in default of appearance – When it will be set aside – Relevant consideration. JUDGMENT AND ORDER – Setting aside judgment – Power of court to set aside its own judgment – When exercisable – Relevant consideration. |
| AFRICAN CONT. SEAWAYS LTD V. NIG. DREDGING RD. AND GEN. WRKS. LTD | JUDGMENT:- Court pronouncing on issues not raised by parties- Effect |
| AFRICAN INTERNATIONAL BANK LIMITED V. PACKOPLAST NIGERIA LIMITED | JUDGMENT AND ORDER – Judgment given under undefended list – consent of defendant thereto – when cannot and should not be presumed. JUDGMENT AND ORDERS – Obiter dictum of Supreme Court – whether binding on Court of Appeal. |
| AFRO CONTINENTAL NIGERIA LIMITED V. AYANTUYI | JUDGMENT AND ORDER – Decision given per incuriam – Meaning of. |
| AFRO-CONTINENTAL NIGERIA LTD. V. JOSEPH AYANTUYI & Ors | JUDGMENT AND ORDER – Obiter Dictum: Binding effect of an obiter dictum JUDGMENT AND ORDER – RATIO DECIDENDI: Distinguishing Ratio Decidendi from Obiter Dictum JUDGMENT AND ORDER – RATIO DECIDENDI/OBITER DICTUM: The binding effect on an obiter dictum, which has been adopted and becomes a ratio decidendi in another case |
| AFUWAPE V. SHODIPE | JUDGMENTS AND ORDERS – Final or interlocutory – Test of. |
| A-G ANAMBRA STATE V. ROBERT C. OKAFOR | JUDGMENT AND ORDER:-Injunctions – Mandatory injunctions – Evolution of- Considerations applying to the grant of – Principle in Ojukwu’s case – Scope and applicability of – court granting a relief not asked for- propriety of-Incompetent order- Order, though erroneous, within the court’s jurisdiction – Distinction between – Courts. |
| AGBABIAKA V. SAIBU | JUDGMENT AND ORDER – Judgment appealed against – Error therein – Whether even error will result in appeal being allowed – Relevant consideration. |
| AGBAISI V. EBIKOREFE | JUDGMENT AND ORDER – Judgment – Delivery of- Time for. JUDGMENT AND ORDER – Previous judgment – Relevance of in action for declaration of title – Whether can establish act of possession. |
| AGBAJE V. JAMES | JUDGMENT – DAMAGES: – Special damages – Need for strict proof – Effect of failure thereof |
| AGBAKA V. AMADI | JUDGMENT AND ORDER – Judgment of court – Bindingness of on parties – Extent of. |
| AGBASI V. OBI | JUDGMENT AND ORDERS:- Alternative issues – proper for lower courts to consider them – Propriety of such action – Final appellate court may not need to do so JUDGMENT AND ORDERS:- Native courts – How to ascertain nature of dispute between parties before native courts – Need to go beyond what appears on the face of the claim into all the evidence. |
| AGBI V. OGBEH (CA) | JUDGMENT AND ORDER – Judgment and proceedings of an inferior court – where it is defective and wrong – whether can be set aside without appeal. |
| AGBI V. OGBEH (SC) | JUDGMENT AND ORDER – Judgment of Court – Mistake or error therein – Effect of. |
| AGBOMEJI V. BAKARE | JUDGMENT AND ORDER – Perverse finding of a court – What amounts to. |
| AGHADIUNO V. ONUBOGU | JUDGMENT AND ORDER – Relief not claimed – Duty on court not to grant. |
| AGIDIGBI V. AGIDIGBI | JUDGMENT AND ORDER – Claims – Alternative claim – Where main claim succeeds – How treated. |
| AGINA V. AGINA | JUDGMENT AND ORDERS:- Perverse Judgment – Whether includes to the trial Judge took into account matters which he ought not to have taken into account or where the Judge shuts his eyes to the obvious |
| AGU V. IKEWEBE | JUDGMENT AND ORDERS – COURT:- Principle of res judicata – When applicable – Conditions precedent – Effect JUDGMENT AND ORDERS – COURT:- Decision of court – When will operate as estoppel per rem judicatam or issue estoppel – Relevant considerations |
| AGUDORO EKPE V. BEN OKE | JUDGMENT AND ORDER –Slip in judgment – Whether every slip therein will result in judgment being set aside on appeal. |
| AGWUNEDU V. ONWUMERE | JUDGMENT AND ORDER – Slip rule – Error in judgment of court -When slip rule will he applied. |
| AHMADU MAKUN & ORS. V. FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA | JUDGMENT AND ORDER – SUMMARY JUDGMENT: Whether summary judgments are final judgment for the purpose of res judicata. |
| AILERU V. ADEMUOYE | JUDGMENT AND ORDER:- Claim for declaration of title to land – Defendant with an equity in the land created by owner’s acquiescence – Appropriate order |
| AINA ARUPE OBAWOLE AND ORS V. ADEKUNLE AGANGA OBAWOLE AND ORS | JUDGMENT AND ORDER -Where plaintiff fails to prove case – Proper order for court to make. |
| AIR VIA LIMITED V. ORIENTAL AIRLINES LIMITED | JUDGMENT AND ORDER – Order winding-up a company for inability to pay its debt – When court can make – When it cannot. |
| AIYELABEGAN KAYODE A. & ANOR V. SALMAN ABDULFATAI & ORS. | JUDGMENT- whether a court order must be obeyed even if such order is perverse- when court of appeal can set aside its own judgment |
| AJA V. OKORO | JUDGMENT AND ORDER – Declaration of title – Where no evidence supports such declaration – Party not entitled thereto – Judgment only for what is claimed and proved on evidence before court. |
| AJAGBE V. AKANNI | JUDGMENT AND ORDER – Judgment “as per writ of summon.” |
| AJAKAIYE V. IDEHAI | JUDGMENT AND ORDER:- Prayer not sought from court – Duty on court not to grant. |
| AJALYN SHOES LIMITED V. AKINWANDE | JUDGMENT AND ORDER:- Summary judgment under Order 10 High Court of Lagos State (Civil Procedure) Rules – Purpose of -Procedure for |
| AJENIFUJA V. BOARD OF CUSTOMS AND EXCISE | JUDGMENT AND ORDER:- Judgement given in absence of Defence – Application for order to set aside judgement and for extension of time to file Defence – Exercise of Court’s discretion in Applicant’s favour-Conditions. |
| AJIBOYE V. ISHOLA | Judgment and Order – Judgment that is a nullity – Effect of. |
| AKIBU V. ODUNTAN | JUDGMENT AND ORDER:- Declaratory judgment – Whether can be stayed. JUDGMENT AND ORDER:- Valid judgment of court – Presumption raised in respect of. |
| AKINBOBOLA V. PLISSON FISKO | JUDGMENT AND ORDER – Consequential order – Basis and meaning of – Whether can be made by court lacking jurisdiction. JUDGMENT AND ORDER – Consequential order – Whether needs to be claimed before it is made by court. JUDGMENT AND ORDER – Order of court made without jurisdiction – Whether court has jurisdiction to rescind the invalid order. |
| AKINDE V. ADELUSOLA | JUDGMENT ORDER:- Relief – Duty of court not to grant more than a party claims. |
| AKINKUNMI V. SADIQ | JUDGMENT AND ORDER – Judgment in rem – Judgment in personam – Distin tion between. JUDGMENT AND ORDER – Judgment in rem – Judgment in personam Distinction between. |
| AKINOLA OLATUNBOSUN V. THE STATE | JUDGMENT AND ORDER – ORDER OF DISMISSAL: Whether where a court is satisfied that no substantial miscarriage of justice has occurred such an appeal ought to be dismissed |
| AKINSUROJU V. JOSHUA | JUDGMENT AND ORDER – Order of dismissal – Effect thereof. JUDGMENT AND. ORDER – Order of non suit -.When made -: Relevant considerations. |
| AKINTOLA AND ANOR. V. SOLANO | JUDGMENT AND ORDER:- Land case – Whether Judgement in a land case is not a judgement contra mundum but based on the relative strengths of the cases of the opposing parties. |
| AKINYEMI V. SOYANWO | Judgment and Order – Enrolment order – Proper direction to follow when an enrolment order of Court does not reflect the entire decision of the Court. |
| AKPABUYO LOCAL GOVERNMENT V. G. O. DUKE | JUDGMENT AND ORDER – Undefended list procedure – judgment thereunder – nature of – whether could be set-aside by the High Court. |
| AKUMOJU V. AKANO MOSADOLORUN | JUDGMENT AND ORDER – Defendant dying after close of evidence but before judgment – Proper order to make. |
| ALAO V. ISSA AKANO | JUDGMENT AND ORDER:- Declaratory relief – When court can grant – Duty on party claiming. |
| ALATEDE V. FALODE | JUDGMENT AND ORDER – Order striking out the twit of summons – Propriety of. |
| ALAYE OF EFFON V. FASAN | JUDGMENT AND ORDERS:- Distinction between final and interlocutory judgments – Proper test to be applied. |
| ALBERT AFEGBAI V. ATTORNEY-GENERAL EDO STATE | JUDGMENT AND ORDER – Consent judgment – whether it is a final decision within section 241(1)(a) 1999 Constitution – whether leave is required to appeal against consent judgment under section 241(2)(c) of 1999 Constitution. JUDGMENT AND ORDER- Consent judgment – grounds which may justify setting it aside. |
| ALBERT OLUWOLE OBIKOYA V. WEMA BANK LIMITED | JUDGMENT AND ORDER – Previous judgment of court – Interpretation by another Court – principles guiding. |
| ALEX LAWRIE FACTORS LTD V. MODERN INJECTION MOULDS LTD | JUDGMENT AND ORDER – Judgment in default of appearance – Whether proceedings ending with entry of judgment in default `tried’ in court – Whether court having jurisdiction to award interest up to the entry of judgment — Interest – Discretion of court to award interest – Equitable basis |
| ALFA KAMORU SALAWU V. MRS. Z. S. ADEBANKE & ANOR | JUDGMENT AND ORDER – JUDGMENT CREDITOR: Supreme Court in the case of LEEDO PRESIDENTIAL MOTEL LTD V. BANK OF THE NORTH – What a Judgment creditor must prove to entitle him to dispose of the immovable property of the Judgment debtor – Section 44 of the Sheriff and Civil Process Law – Need to show by evidence steps taken to enforce the Judgment and outcome – Need to show what sum remains under the Judgment – need to show that there is no movable property of the judgment debtor or more sufficient enough to satisfy the judgment debt can be found – whether it is fair and just that the judgment debtor be put on notice as the civil rights and obligation of the Judgment debtor must be considered and such cannot be made behind her without breaching her Constitutional right to fair hearing of the 1999 Constitution |
| ALFOTRIN LIMITED V. THE ATTORNEY-GENERAL OF THE FEDERATION | JUDGMENT AND ORDER – Award of interest by court – Principle guiding. |
| ALFRED ELIJAH & ANOR V. THE STATE | JUDGMENT AND ORDER – ORDER OF RETRIAL: What the court must be addressed on before an order of retrial can be granted or refused |
| ALHAJA R. O. SANNI V. ALHAJI I. S. LATEJU & ORS | JUDGMENT- Test for determining whether an order or judgment is interlocutory or final in respect of the issues before it, as between the parties to the litigation- Tests for determining the purport of interlocutory and final decisions -test to be applied in determining whether a judgment of a Court of first instance is final or interlocutory |
| ALHAJI ISIYAKU YAKUBU ENTERPRISES LTD. V. OMOLABOJE | JUDGMENT AND ORDER – Certificate of judgment and writ of attachment – Whether supercedes the judgment of Court. JUDGMENT AND ORDER – Judgment of Court – Bindingness on Court and parties. JUDGMENT AND ORDER – Reversal of decision of Court – Whether it is in all cases where a Court takes a point suo motu that will result in the reversal of the decision of Court. |
| ALHAJI A. M. GWARZO V. ALHAJI A. S. MOHAMMED & ANOR | JUDGMENT AND ORDER:- Whether a party who knows of an order, whether null or valid, regular or irregular can be permitted to disobey it – Option available to a person against whom an order is made-whether an order is still a subsisting order of a Court until it is set aside |
| ALHAJI ADO IBRAHIM & CO. LTD. & ANOR V. ELDESTEIN (NIG.) LIMITED | JUDGMENT AND ORDER – Order of court – Where based on clear and unambiguous relief – Effect of – Whether appellate court: can interfere therewith. |
| ALHAJI BUBA USMAN V. MOHAMMED TAMINU GARKE | JUDGMENT AND ORDER – Decision of court – Trial court – Duty thereon to consider case of parties before reaching its decision – Procedure to follow – Appeal Court – Whether bound to follow same procedure. |
| ALHAJI ISOLA ARE OGELE V. ALHAJI BANNI GAA BUDO NUHU | JUDGMENT AND ORDERS – LEGALITY OF A JUDGMENT: Whether an irregularity in a judgment is fundamental and touches the legality of the whole proceedings including the judgment and the incidental orders made thereafter |
| ALHAJI NURUDEEN OLUFUNMISE V. MRS ABIOLA LABINJOH FALANA | JUDGMENT AND ORDER – FRAUD – SETTING ASIDE:-Judgment obtained by fraud – Meaning – Element of fraud to be proved to entitle a claimant/plaintiff to succeed – Whether in such an action, it is not sufficient merely to allege fraud without giving any particulars – Whether the fraud alleged must relate to matters which prima facie would be reason for setting the judgment aside if they were established by proof and not to matters which are merely collateral |
| ALHAJI RAIMI EDUN V. ODAN COMMUNITY, ADO FAMILY AND OKOKOMAIKO COMMUNITY | JUDGMENT AND ORDER:- Consent Judgment and third parties – Whether a stranger to a suit on appeal can challenge Consent Judgment as a matter of procedure without initiating a substantive action instituted in a court of competent original jurisdiction |
| ALHAJI RAZAK ADENIYI AYILARA V. FEDERAL MINISTRY OF WORKS | JUDGMENT AND ORDER – CONSENT JUDGMENT: General nature and meaning of Consent judgment |
| ALHAJI SAIBU YEKINI OTUN | |
| ALHAJI SANNI SHAIBU V. J.O. BAKARE | JUDGMENT AND ORDER – JUDGMENT FOR DECLARATION OF TITLE: Whether a judgment for declaration of title is a judgment in rem |
| ALHAJI SHEHU BAKULE V. TANEREWA NIGERIA LIMITED | JUDGMENT AND ORDER – JUDGMENT OR ORDER OF A COURT: Nature of a judgment or order of a Court and when same can be invalid |
| ALHAJI SURAKATU I. AMIDA & ORS. V. TAIYE OSHOBOJA | JUDGMENT AND ORDER – JUDGMENT INTER PARTES: Whether a judgment inter partes or in personam raises an estoppel only against the parties to the proceedings JUDGMENT AND ORDER – VALIDITY OF COURT’S JUDGMENT: When the judgment of a court will be deemed valid |
| ALHAJI YAKEEN OWONIKOKO & ORS V. ALHAJI ALIMI AROWOSAIYE | JUDGMENT AND ORDERS – APPEAL – JUDGMENT ON APPEAL: Whether a judgment on appeal is not final and it is liable to be set aside or nullified on appeal JUDGMENT AND ORDER – ORDER OF RETRIAL: Circumstances under which an order of retrial will be ordered |
| ALIBE V. YARO | JUDGMENT AND ORDER – Proof- Proceedings and judgments of court – How proved – Sections 96, 97 and 132(1) of Evidence Act. |
| ALIMS NIGERIA LIMITED V. UNITED BANK FOR AFRICA PLC | JUDGMENT AND ORDER:- Whether declaratory judgments or orders can be stayed |
| ALLEN AND OTHERS V. JAMBO HOLDINGS | JUDGMENT AND ORDER – MAREVA INUNCTIONS:- Whether there was no difference in principle between commercial actions and actions for personal injuries or other causes of action in regard to the issue of a Mareva injunction – Whether the issue of a Mareva injunction is to be determined solely by a plaintiff’s financial standing – Whether in each case the issue of an injunction depended on the balance of justice and convenience JUDGMENT AND ORDERS – INTERLOCUTORY INJUNCTION:– Mareva Injunction – Danger that defendant may transfer assets out of jurisdiction – Injunction restraining removal of assets out of the jurisdiction – Whether could be refused on ground that plaintiff |
| ALLIED BANK OF (NIG) LTD V. AKUBUEZE(CA) | JUDGMENT AND ORDER – Award of damages – Current value of currency – Relevance thereof in determining damages. JUDGMENT AND ORDER – Judgment of court – Issues raised by parties – Need for court to limit itself and its judgment thereto. |
| ALLOYSIUS EGEMOLE V. OSITA OGUEKWE & ORS. | JUDGMENT AND ORDER – CONSENT JUDGMENT: Whether a party seeking to set aside a consent judgment has to comply with the provision of the constitution |
| ALPHONSUS NZEOMA V. DAMIAN UGOCHA | JUDGMENT AND ORDER – Subsisting valid customary arbitration – court entering another judgment in defiance of – propriety of. |
| AMIDA V. TAIYE OSHOBOJA | |
| AMINU TANKO V. THE STATE | JUDGMENT AND ORDER – SETTING ASIDE A JUDGMENT: Three circumstances when an the Supreme Court will set aside its judgment |
| AMORC (NIG.) V. AWONIYI (CA) | JUDGMENT AND ORDER – Stay of execution – Relevant considerations for grant of. |
| AMOS BUDE V. THE STATE | COURT – JUDGMENT:- Appropriate order to be made when a trial is held to be a nullity |
| ANAEZE V. ANYASO | JUDGMENT AND ORDER – Specific performance of a contract -When it will be ordered – Relevant considerations. |
| ANAKWENZE V. ANEKE | JUDGMENT AND ORDERS – Judgments – Court of Appeal – Inherent Power and sanction of – Power to enforce its own orders and judgments – Power to commit for contempt of – Constitutional law – Enforcement of judgment. |
| ANATOGU V. IWEKA II | JUDGMENT AND ORDER – Review of judgment – Action for at the court of first instance – Action based on fraud and or fresh evidence – Power of court to entertain – Whether extant. JUDGMENT AND ORDER – Review of judgment – Power of trial court to review its own judgment – Whether extant. |
| ANISMINIC LTD. V. FOREIGN COMPENSATION COMMISSION AND ANOTHER | JUDGMENT AND ORDERS – – Declaratory judgment – Certiorari, relation to – Inferior tribunal – Foreign Compensation Commission – Determination – No certiorari clause – Construction of Order in Council – Whether error within jurisdiction – Tribunal’s power to determine but not to enforce the liability – Whether tribunal party to action for declaration that determination a nullity – Foreign Compensation Act, 1950, s. 4 (4). |
| ANTON PILLER KG V. MANUFACTURING PROCESSES LTD. AND OTHERS | JUDGMENT AND ORDER – DISCOVERY ORDER:- Motion for – Ex parte application for order to enter premises to inspect and remove documents and file – When proper – Relevant consideration JUDGMENT AND ORDER – EX PARTE ORDER – ANTON PILLER APPLICATION:- Proceedings where defendants if given notice of plaintiff’s application are likely to take steps to destroy documents or dissipate other evidence – Duty of court thereto – Use of Anton Piller – Nature of prima facie evidence required |
| ANUNOBI V. OBIWELOZO | JUDGMENT AND ORDER – Interest – Pre-judgment interest – When can be claimed and awarded. |
| ANYADUBA V. NIGERIA RENOWNED TRADING | JUDGMENT AND ORDER – Decision of trial court Basis on which appellate court can interfere therewith. JUDGMENT AND ORDER – Finding or decision of lower court – Finding not appealed against – Effect – How treated. JUDGMENT AND ORDER – Non-suit – Order of – Hearing of parties before being made – Whether directory or mandatory. JUDGMENT AND ORDER – Non-suit – Order of made by trial court – Power of appellate court to substitute order of dismissal therefor – When resorted to. |
| ANYAEBOSI V. R. T. BRISCOE (NIGERIA) LTD. | JUDGMENT AND ORDERS:- Judgment – Should be given only for amount proved in evidence, though higher amount claimed. |
| ANYAELE CHUKWUEKE & ANOR. V. OKORIE OKORONKWO & ORS | COURT – JUDGMENT: Consequences of Court Judgment/Order |
| APATAKU V. ALABI | JUDGMENT AND ORDERS:- Presumption of regularity – Judgment delivered by customary court judge after being posted out of State – Whether fatal – Applicant failing to show prima facie that trial judge unauthorised by Chief Judge to complete hearing – Effect |
| ARC. AUSTIN ASEMA ACHADO & ANOR V. CHRISTIANA ALAAGA & ORS | 3P JUDGMENT AND COURT – STARE DECISIS:- Binding effect of Supreme Court decisions on all subordinate jurisdictions of the courts – Duty of court to obey and enforce Supreme Court decision – Sections 287(1) of the Constitution of the Federal Republic of Nigeria, 1999 and 59 of the Evidence Act, 2011 (as amended) |
| ARCHBISHOP OLUBUNMI OKOGIE & ORS. V. MRS MARGARET EPOYUN | JUDGMENT AND ORDER – BASIS OF JUDGMENT: How Judgments are arrived at based – need for it to be based upon an impartial assessment and evaluation of facts and evidence adduced at the trial |
| AREWA PAPER CONVERTERS LTD V. N.D.I.C. (NIG. UNIVERSAL BANK LTD.) | JUDGMENT AND ORDER-Decision of court- “Final” decision -Meaning and implication of. |
| ARJAY LIMITED V. AIRLINE MANAGEMENT SUPPORT | JUDGMENT AND ORDER – Order at an interlocutory stage – need for court to ensure that it has the power to make such an order at the conclusion of hearing before making same at the interlocutory stage. |
| AROWOLO V. ADIMULA | JUDGMENT AND ORDER ‑ Representative action ‑ Defendant defending in representative capacity ‑ Failure to obtain authorisation therefor ‑ of judgment entered against such defendant. |
| ARUBO V. AIYELERU | JUDGMENT AND ORDER – judicial decision” – What qualifies as for purposes of res judicata. |
| ASAKITIKPI V. STATE | JUDGMENT AND ORDER. – Criminal trial-Requirement of presence of accused throughout – Section 210 Criminal Procedure Law – Absence of accused during delivery of judgment – Whether vitiates conviction. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
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