PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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| TITLE | MAIN ISSUES |
| NANKA-BRUCE V. COMMONWEALTH TRUST, LIMITED | SALE OF GOODS:- Passing of Property – Checking Weight – Absence of Condition Precedent – Purchase in good Faith – How treated |
| NEW AGE BEVERAGE COMPANY LIMITED V. MRS ABIOLA ARAMIDE | CONTRACT:- Existence of contract – How established – On whom the onus to prove same – Contractual privity – Implications for agency relationship – Liability of an agent of a known and disclosed principal pursuant to a contract made as agent |
| NIGERIA DEPOSIT INSURANCE CORPORATION V. UNION BANK OF NIGERIA PLC. & ANOR | CONTRACT:- Where a contract is entered into by a non-juristic person – Whether such a contract is null and void |
| NIGERIAN NATIONAL PETROLEUM CORPORATION V. CLIFCO NIGERIA LIMITED |
CONTRACT:- Novation of contract – Meaning – Substitution of a new contract for an existing one between the same or different parties – Prerequisites – How done – Whether can never presumed CONTRACT:- Novation of contract – Arbitration clause contained in original contract – Where not repeated in novated contract – Effect |
| NIGERIAN NATIONAL PETROLEUM CORPORATION V. LUTIN INVESTMENT LTD | CONTRACT:- Agreement which made provision for reference to arbitration in the event of any dispute arising between the parties thereto which dispute could not be mutually settled – Powers of arbitrator thereto – Basis of – How construed
CONTRACT:- Privity of contract – Rule that only parties to the contract can be affected by it – Incorporated party – Allegation that it is not the same as the party to the contract – How proved – Onus of proof – On whom lies CONTRACT:- Privity of contract – Contract with a company identified by its place of registration and location instead of incorporation – Whether equivalent to statement of company’s incorporate status – Whether excludes any entity claiming to be that company but incorporated in a territory different from the registered address from being regarded as a party to the contract – Distinction between place of registration of a company and place of incorporation CONTRACT – ILLEGALITY:- Rule that public policy is always at the root of the defence of illegality – When inapplicable – Civil proceedings – Whether against public policy to take evidence of a fugitive offender in a foreign land after fleeing jurisdiction for fear of prosecution – Whether public policy, arises only in the execution or performance of contract or other such private dealings |
| NIMB V. UNION BANK OF NIGERIA PLC | CONTRACT:- Financing of international trade – Import of food commodity – Loan agreement for overdraft secured with imported goods – Breach of agreement – How enforced |
| NWAKASI V. NWACHUKWU | CONTRACT: – Claim of damages for Breach of Contract and loss of earnings – Privity of Contract – Duty of contract where plaintiff fails to prove right to maintain suit under a contract |
| OBAYUWANA V. GOVERNOR OF BENDEL STATE & ANOR. | CONTRACT:- Frustration by operation of law – Abolition of statutory body to which performance of a contract is owed – Effect – Judge whose court is abolished by valid law – Effect on contract of service – Implication for claim for damages calculation and recovery of outstanding payments on the contract |
| OGUNNIYI V. HON. MINISTER OF FCT & ANOR | CONTRACT:- Elements – Validity of offer – Validity of acceptance – When other documents can be read together with contractual documents |
| OLA V. OLAKA | CONTRACT:- Wills and Probate – Contract of Service between counsel and deceased Client – Whether between the testator and the counsel and only enures to benefit or advantage of executors alone |
| OLALOMI INDUSTRIES LTD. V. NIGERIAN INDUSTRIAL DEVELOPMENT BANK LTD. | CONTRACT:- Contract of loan pursuant to the establishment of a manufacturing operation – Breach of – How treated |
| PAUL FELTHOUSE V. BINDLEY | COMMERCIAL TRANSACTION – Sale of goods -Title and passage of property |
| SALAMI AGBAJE V. P. W. WILLIAMS | CONTRACT:- Implied Contract – Money paid under order made on judgment debtor summons which was afterwards rescinded – Action to recover amount paid as money had and received – How treated |
| SAM WARRI ESI V. J. A. MORUKU | CONTRACT:- Illegality of contract – Lease of Crown Lands under Crown Lands Ordinance – Sub-lease in contravention of the Ordinance and of covenant in the lease – Action by the lessee of the Crown to recover rent due to him, under the Sub-lease – How treated |
| SANTOS M. BATALHA V. WEST CONSTRUCTION COMPANY LIMITED | CONTRACT:- Enforcement of contracts – Illegality – Where Party who benefited from contract seeks to avoid same on ground of illegality- Contract not ex facie illegal – Attitude of court thereto – Applicable equitable principles |
| SAVANNAH BANK OF (NIGERIA) LTD V. STARITE INDUSTRIES OVERSEAS CORPORATION | CONTRACT:- Contract to act as collector – Breach of – Failure to remit sum collected – Action to recover same – How treated |
| SOUTH TRUST BANK & ORS V. PHERANZY GAS LIMITED & ORS | CONTRACT OF GUARANTEE: Meaning and nature of – Rule that a contract of guarantee is independent of the main contract – Implications for the creditor – Whether can elect to proceed against guarantor without joining debtor
CONTRACT:- Rule that parties are bound by the terms of documented agreement – Whether the court or the parties can rewrite the contract or import words to vary the intentions of the parties as written CONTRACT – PRIVITY OF:- Contract of loan between two parties and a guarantor – Unilateral assignment of loan to entity not party to the loan or guarantor agreement – Whether act not contemplated by parties |
| THE BRITISH BATA SHOE CO. LTD. V. MINAS KRIKOR MELHCIAN | CONTRACT:- Claim for Specific performance of assignment of leasehold property – When situate outside jurisdiction of court – Where parties within jurisdiction of court -Whether order can be made |
| THE LAW DEBENTURE TRUST CORPORATION (CHANNEL ISLANDS) LIMITED V. LEXINGTON INSURANCE COMPANY AND OTHERS | CONTRACT – COMPLEX FILM FINANCING PROJECTS – Contract of insurance and assurance for the production of films – Particulars that need to be disclosed |
| TWEDDLE V. ATKINSON | CONTRACT: Promise made in consideration of intended marriage – Enforceability- Whether marriage is performance |
| UNITED BANK FOR AFRICA PLC V. COMRADE CYCLE LTD & ANOR | CONTRACT – TERMS OF CONTRACT:- Whether parties are bound by the provisions or terms of the contract or agreement |
| VALUE LINE SECURITIES INVESTMENT LIMITED V. OBUBOEGBUNAM J. ANAKWUBE | CONTRACT:- Perfection of sale and transfer of shares through a capital operator – Contract under which such an operator undertakes to verify the signatures of the owners of certain shares sold to client and to effect a change in the ownership of those shares to the name of client in the stock exchange – Basis of – Dispute arising out of such a contract – How treated |
| WARNER AND WARNER INTERNATIONAL ASSOCIATES (NIGERIA) LTD. V. FEDERAL HOUSING AUTHORITY | CONTRACT:- Contract of Mortgage – Breach of – Mortgagee’s right of sale of mortgaged property – How treated |
| WEST CONSTRUCTION COMPANY LTD. V. SANTOS M. BATALHA | CONTRACT:– Enforcement of contracts – Various situations that could make a contract unenforceable – Contract that is ex-facie not illegal – Duty on Courts to enforce same |
| WHELAN V. SULE | CONTRACT:- Action to recover money lent but not repaid – How proved – When nature of relationship from which alleged loan arose is material – Amorous teacher/student relationship – How treated |
| WILLIAMS V. SANUSI | CONTRACT:- Breach of contract – Action for refund of purchase price – Where defendant is a registered incorporated trustee – Proper party to proceed against |
| WILSON V INYANG | COMMERICAL LAW – COMMERCIAL TRANSACTIONS – ADVERTISEMENT: Advertisement of professionals – Non-registered medical practitioner/alternative healthcare practitioner advertising as MD/Physician – Attitude of court thereto |
| WINTERBOTTOM V ALLWOOD | COMMERCIAL LAW – SALE OF GOODS:- Adulterated goods-Sale to the prejudice of purchaser – Analysis of goods to determine same – Statutory requirement as to sealing – whether condition precedent – How treated under Sale of Food and Drugs Act, 1875 (38 & 39 Vict. c. 63), ss. 6, 14. |
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