PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
ACTION – NIGERIAN CASES ON LITIGATION/PRACTICE/PROCEDURE ISSUES – 5
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE |
MAIN ISSUES |
| IGBOZOR v. PRINCE NYONG INYANG EFFIONG & ORS |
ACTION:- REPLY: Essence of a reply in appellate proceedings |
| ACTION:- Discontinuation of action (Proper order to make) | |
| IGUORIGUO AND OTHERS. V. AKPOR |
ACTION – Claim for declaration of title – Damages for trespass – Permanent injunctions – Long intervals of delay in taking evidence of parties and witnesses in proceedings – Long delay between taking evidence of witnesses and delivery of judgment – Trial Judge regarded as having lost impressions of case. |
| ACTION:- Actions in a representative capacity – Who may sue. | |
| IKE V. ANUSIE V. UMUJIAKU |
ACTION:- Claim for Declaration of title and claim for fixing a boundary – Distinction thereof |
| ACTION:- Motion for extension of time to file statement of claim – Completion of proceedings instituted in court unknown to constitution of Nigeria – Federal Military Government (Supremacy and Enforcement of Power) Decree No. 28 of 1970. | |
| IKPE V. CHIEF DANIEL SOKARI GEORGE |
ACTION:- Representative action in Native Court later transferred to High Court – Whether further court order necessary for continued representation |
| ACTION:- Parties to an action – Action initiated in personal capacity but prosecuted in representative capacity – Duty on court to amend suit to reflect proper capacity – Rationale.
ACTION-Parties to an action – Chieftaincy matter – Nature of – Whether survives a deceased party. |
|
| IN THE MATTER OF WILLIAMS |
ACTION:- Parties – Joinder – Claimant seeking judicial review of refusal of Legal Services Commission to continue funding his proceedings against defendant – Entitlement of defendant to be heard – CPR 54.7, 54.17. |
| ACTION:- Action instituted in the Federal High Court instead of the State High Court – failure by Federal High Court to order transfer under section 22(2) of the Federal High Court Act 1990 when it lacks jurisdiction over the matter – whether the Court of Appeal is empowered to make the order of transfer. | |
| INCAR PLC V. BOLEX |
ACTION:– Action predicated on non existent contract – propriety of |
| ACTION:- Nature and Status of actions by receivers – How generally commenced – Limitations of – Right of Unsecured Creditors to site – Section 92(1) Companies Act 1968 – Limiting effect of | |
| INTER-MARKET NIG. LTD; ALEXANDER COZMA; G.M.E. OSADEBE |
ACTION:- Consolidation of suits – “Directions as may be necessary with respect to the hearing of the causes or matters so consolidated” contained in Order 2 rule 7 of the Federal High Court (Civil Procedure) Rules, 1976 – Meaning Of. |
|
INTERNATIONAL MESSENGERS NIG. LTD. V. ENGINEER DAVID NWACHUKWU |
ACTION:- Litigation-Facts of case-Duty on counsel to properly examine before approaching court. |
| INTERNATIONAL STANDARD SECURITIES LTD V. UNILEVER NIGERIA PLC (Formerly Lever Brothers Nigeria Plc) |
ACTION – COMMENCEMENT OF PROCEEDINGS: How actions are commenced in court |
| ACTION:- Application by way of Originating Summons for an order empowering members of a company to remove an absent member – How treated | |
| IROM V. OKIMBA |
ACTION:- ‘Hearing’ in the trial court – ‘Hearing’ at the appellate court – What respectively amounts to. |
| ACTION – COUNTERCLAIM – BURDEN OF PROOF:- Nature of a counter claim as a separate and independent action to the main claim – Whether it is the defendant who makes a counter claim against a plaintiff pursuant to a judgment – Whether defendant owes the legal burden of proof in law in respect to a counterclaim – | |
| ISERU V. CATHOLIC BISHOP WARRI DIOCESS |
ACTION:- Trespass – Action therein – Who can maintain. |
| ACTION:- Right of action – Repayment of loan or overdraft -When right of action therefor accrues. | |
| ISHOLA V. UNION BANK OF NIGERIA LIMITED |
ACTION:- Proof – Burden of proof in civil cases – On whom lies – How discharged. ACTION:- Reliefs – Reliefs claimed in an action – Whether constitute part of facts in pleading – How proved. |
| ACTION – DAMAGES:- Measure of damages – Breach of contract to lend money – Relevant principles. | |
| ITAYE AND OTHERS V. EKAIDERE AND OTHERS |
ACTION:- Claim for declaration that was part heard before annual vacation – Notification of annual vacation – Leave for continuation of hearing during vacation not applied for – Where plaintiffs case continued & concluded during vacation period – Defendants’ counsel applying for adjournment of hearing till after vacation but refused – Where defence opened with Defendants informing court they could not testify without being led by their counsel – Court closing defence and delivering Judgment same day – Implication for proceedings |
| ACTION:- Distinction between a dismissal and striking out – Difference in consequences of – Whether there is a legal distinction between dismissal for want of prosecution and dismissal for default of appearance | |
| IYERE V. BENDEL FEED AND FLOUR MILL LTD |
ACTION:- Parties to an action – Vicarious liability – Action against master for negligent act of servant – Need to join servant as party thereto – Failure to join – Effect – Whether action competent. |
| ACTION:– Suit against unincorporated business enterprise – whether it is necessary to first ascertain the nature of its ownership before determining whether it can be used in its name.
ACTION:– Suit against firms – whether a plaintiff is bound to find out and state the names of the individual partners in the firm. |
|
| J.E. OSHEVIRE LTD. V. TRIPOLI MOTORS |
|
| JAGUNOJE V. OBAFEMI GREEN-ADEBO |
ACTION:- Writ of summons – Need for same to disclose a cause of action – Two pieces of paper on which plaintiff’s claim is set out attached to the writ of summons-High Court (Western Nigeria) Law ss. 8, 9 and 12-High Court (Civil Procedure) Rules (Western Nigeria) O. 2, r. 1, Evidence Act, ss. 56 & 58. – How treated |
| JAMMAL ENGINEERING CO. LTD. V. MISR (NIG) LTD. |
ACTION:- Undefended List – Notice of Intention to defend – Summary judgment. |
| ACTION:- Counter claim – nature of – whether success of dependent on main claim – relevant consideration ‘ | |
| JETHWANI V. NIGERIA WIRE IND. PLC |
ACTION:- Cause of action – Applicable law thereto – How determined – Guiding principles. |
| ACTION – Claim for money under Islamic Law – duty on plaintiff to furnish complete judicial proof to succeed – when plaintiff fails – defendants to subscribe to oath of rebuttal. | |
| JIMOH GARUBA V. ISIAKA YAHAYA |
ACTION: |
| JIPREZE V. OKONKWO | ACTION:- Undefended List- Order 3, Rules 9 and Il High Court Rules, Laws of Eastern Nigeria – Onus of proof on both parties.
ACTION:- Undefended List – Where defendant intends to defend – Defence must be reasonable. |
| JOHN EBOSEDE EMIANTOR V. THE NIGERIAN ARMY | ACTION – Action based on tort – when instituted six years after cause of action arose– period of limitation in a libel action– section 4(1)(a) Limitation Law (Cap. 89) of Bendel State applied. |
| JOHNSON V. SOBAKI |
ACTION:- Granting of overdraft facilities-Action to recover overdraft-Whether cause of action should not be deemed to have arisen until there has been a demand made or notice given. |
| ACTION:- Vexatious proceedings – Instituting proceedings – Appeal from final order – High Court giving vexatious litigant leave to bring county court action – Judge dismissing proceedings and claimant applying to Court of Appeal for permission to appeal – Whether vexatious litigant requiring High Court’s permission to bring substantive appeal to Court of Appeal – Supreme Court Act 1981, s 42. | |
| JOKANOLA V. THE MILITARY GOVERNOR OF OYO STATE |
ACTION:- Chieftaincy action – Plaintiff therein – Onus thereon. |
| ACTION:- Notice of intention to defend action – governing principles | |
| JOSEPH ADEBAYO OSAGUNNA |
ACTION:- Parties to an action – Action initiated in personal capacity but prosecuted in representative capacity – Duty on court to amend suit to reflect proper capacity – Rationale. ACTION:- Parties to an action – Chieftaincy matter – Nature of – Whether survives a deceased party. |
| ACTION:– Action for trespass to land – whether such action is a strictly personal cause of action as to abate on the death of the deceased person | |
| JOSEPH CHIKE ODOGWU & ANOR V. SAMUEL NWAJEI & ORS |
ACTION:- ISSUES FOR DETERMINATION:- Law that it is the plaintiff who brings a suit before the court that also primarily nominates the issues for decision in the case – Effect – Whether requires a plaintiff to succeed on the strength of his case by proving the entire set of facts or circumstances giving rise to an enforceable claim – Relevant considerations |
| JOSEPH OWUAMA & ORS. V. ANTHONY OBASI & ORS. |
ACTION – ORIGINATING SUMMONS-when suitable- aim of an action commenced by originating summons |
| ACTION – PLEADINGS:- General rule of pleadings – Parties are bound by their pleadings – Effect of rule – Whether it is not open for a party to depart from his pleadings in order to put up an entirely new case at the hearing – Whether learned trial Judge can depart from the deposition and pleadings of the parties – Whether the Court and the parties are bound by the facts set out in their respective pleadings – Whether a party will be allowed at the trial to call evidence to support his pleadings – Evidence which deliberately or through inadvertence was allowed contrary to a party’s pleading – Whether must be expunged by the learned trial Judge when considering the case of both parties | |
| JULIUS BERGER NIGERIA PLC & ANOR v. MRS. PHILOMENA UGO |
ACTION – NOTICE OF PRELIMINARY OBJECTION: Purpose of a Notice of Preliminary Objection – whether a party can file a preliminary objection against some grounds of appeal where there are other grounds of appeal that can sustain the appeal |
| ACTION – ACTION – Limitation of action – whether an action is caught by statute of limitation – relevant factors to examine in determining same. | |
| JUMOSIMA WARI & ORS V. MOBIL INC OF AMERICA & ANOR |
ACTION – LOCUS STANDI: Meaning – Sufficient legal right and interest in the determination of the dispute therein – Whether determinant of a party’s locus standi in an action |
| ACTION – PLEADINGS: Effect of pleadings
ACTION – PLEADINGS: Effect of plea of fraud |
|
| K. IDOWU AND ORS. V. A. AKINWUNMI AND ORS. |
ACTION – Motion to amend—Court will generally grant leave to amend if amendment will cure defect. |
| ACTION – UNDEFENDED LIST PROCEDURE:- Purpose of – For an affidavit to constitute a defence on the merit – Need for the defendant to set out the defence in the affidavit and not simply say that he has a defence – Nature of the defence which will qualify as a defence on the merit – Need for it to a defence which would be an answer to the Plaintiff’s claim and such as exhibit enough facts and particulars to satisfy a reasonable tribunal to remove the suit from the Undefended List to the General cause List – An affidavit which fails to convey reasonable and sufficient particulars – Whether would not be described as one constituting a defence on the merit | |
| KABO AIR LIMITED V. THE O’ CORPORATION LIMITED |
ACTION – PETITION AND MOTION ON NOTICE:- Distinction between a petition and a motion on notice – Implication for matters to which Rule 12 of the rules of the Federal High court made pursuant to Section 6 (1) of the Reciprocal Enforcement of Judgment Act, 1922 Cap. 175 apply |
| ACTION:- Action-Plaintiff trading by himself as a firm-Not a partnership-Whether Plaintiff could sue infirm name. | |
| KALU V. STATE |
ACTION:- Action seeking to enforce fundamental rights – Whether-Supreme Court has original jurisdiction to entertain – Ogugu v. State (1994) 9 NWLR (Pt. 366) 1; Effiom v. State (1995) 1 NWLR (Pt. 373) 507 followed |
| ACTION:- Commencement of actions – Modes of commencing action in High court.
ACTION:- Commencement of actions – Where provision made for making a claim – Need to follow same. |
|
| KAREEM V. WEMA BANK LTD. |
ACTION:- ’Actio personalis moritur cum persona’ – Effect of maxim – When applicable – When not applicable. ACTION:- Cause of action – Death of party – Whether survives – Common law position. |
| KATAGUM AND OTHERS V. ROBERTS |
ACTION:- Motion to dismiss suit summarily as disclosing no cause of action – Effect – Facts pleaded in statement of claim to be taken as true. |
|
ACTION:- Civil Actions – Co-defendants made of up of public entities and private persons – Effect of Public Officers protection statutes ACTION:- Statutory requirement of Notice of intention to sue – s.116(2) Local Authorities Law (Cap 77) – Where a mandatory enactment which can however be waived – Failure to raise objection at trial court – Whether precludes raising same at appeal – Exception |
|
| KEHINDE V. OGUNBUNMI AND OTHERS. | ACTION:- Representative action – No requirement that plaintiffs should (a) appear in person or (6) give evidence |
|
KEHINDE SOFOLA & CO. V. CORPORATE LEASING & COMMERCE NIG. LTD. |
ACTION:– Interpleader proceedings – sheriffs interpleader summons – how initiated – need to comply with order 45 rule 2 of the High Court of Lagos State (Civil Procedure) Rules 1972. |
| KESHINRO V. BAKARE AND OTHERS |
ACTION:- Discrepancy between writ and statement of claim – Whether statement of claim supersedes writ |
| ACTION – MISNOMER:- whether mistake as to identity is a misnomer- whether amendment may be allowed to cure a misnomer | |
| KHALIL & DIBBO TRANSPORT LTD V. S.T. ODUMADE |
ACTION:– Action for trespass, claim for damages and injunction – whether can be maintained by a plaintiff who fails to establish a valid title |
| ACTION:- Parties to an action Parties to election petition Necessary party Who qualifies as Section 133(2), Electoral Act, 2002.
ACTION Parties to an action Whether individual persons can be sued as a group without order of court to sue in representative capacity. |
|
| KHATOUN V. HOLLAND (W. A.) LINES |
ACTION:- Rule for determining whether an action is founded on tort or contract |
| ACTION:- Appeal from a separate suit connected to another ongoing matter before a lower court – Need for appellate court to refrain from pronouncement which may give seeming appearance of prejudicing that other matter or be seen to be taking an appeal straight from the lower Court | |
| KOLO V. OYETUNDE |
ACTION:- Special and General damages for breach of contract – Unlawful eviction – Trespass – Breach of statutory duty – Application for extension of time within which to file a statement of defence. |
| SERVICE OF PROCESS:- Service of court process – Essentials
ACTION:- Writ of summons – Lifespan of COURT:- Rules of the High Court of England – Applicability of in Nigeria |
|
| KUDU V. ALIYU |
ACTION – WAIVER:‑ Person having full knowledge of his right but intentionally giving up all or some of them Whether can thereafter complain |
| ACTION:- Account – Accounting party – Meaning and Categories – Elements to he proved – Effect of failure to prove same | |
| KUNLE LADEJOBI V. ODUTOLA HOLDINGS LTD. |
ACTION:- Action in respect of injury done to a company – Rule in Foss v. Harbottle (1843) 2 Hare 461 – Purport of-Where action instituted by minority shareholder in respect of wrong done to company – Whether court may send issue back to general meeting to decide whether to adopt action. |
| ACTION:- Action for damages against Native Authority – Notice of plaintiff to Native Authority setting out facts upon which he relied for his claim – Whether notice complied with requirement of S.116(2) of the Native Authority Law. | |
| KWAJAFFA V. BANK OF THE NORTH LIMITED(SC) |
ACTION:- Declaratory action – Need to establish by evidence – Whether can be granted on admission or default of defence. |
| ACTION:- Administration of justice-Need to attain justice according to law – Duty on counsel. | |
| L. A. YESUF SHITTABEY V THE CHAIRMAN, LEDB |
ACTION:- Res Judicata – Plaintiff sues defendant personally in former action – Action prosecuted to judgment and Defendant succeeds – Whether Plaintiff can sue same defendant in further action but in a representative capacity. |
| ACTION:- Interpleader summons – ‘persons interested in the matter” in sections 213(5) and 222(a) of 1979 Constitution – How parties may qualify thereby Whether the existence of commercial interest is a factor to be considered – Nature of interest envisaged by sections 213(5) and 222(a) of the 1979 Constitution. | |
| LAAH V. OPALUWA |
ACTION:– Instituting an action – where an obligation is owed to a donor of the power of attorney – whether same can bring an action through a donee of the power therein. |
| ACTION:- Cause of action – Meaning of – How determined – Duty of court to closely scrutinize plaintiff’s statement of claim | |
| LADIMEJI AND ORS. V. FEDERAL MINISTRY OF WORKS & HOUSING AND ORS |
ACTION:- Party to an action – whether a litigation can be compelled to proceed against a person whom he has no desire to sue. ACTION – Parties – application for joinder – applicable principles. |
| LAHAN V. AREMU | ACTION – Conduct of parties during trial – Trial Judge forming unfavourable view of conduct of one of the parties – Whether entitled to say so in his judgment – Limitation thereto. |
|
LAHAN V. A.G. (W.R.) |
ACTION:- Institution of in court – Regulation of procedure by Statute – Impropriety of another procedure – Effect.
ACTION:- Procedure laid down by Statute for initiating an action -Need for strict compliance therewith. |
| LAIBRU LTD V. BUILDING & CIVIL ENG. CONT. |
ACTION:- Parties to a suit – Action for debt – Substitution of parties – Joinder of parties – Assignor – Whether proper party to be joined as co-plaintiff with the assignee in action for assigned debt |
| ACTION:- Action commenced by writ of summons followed by statement of claim – Whether can be proved by affidavit evidence – What the court considers. | |
| LASISI FADARE AND ORS V. ATTORNEY-GENERAL OF OYO STATE |
ACTION:- Limitation of action – Compensation claim for compulsory acquisition – When time begins to run |
| ACTION:- Challenge of quasi-judicial administrative measure of a non-governmental body – How properly originated – Whether judicial review is available – Whether can only be by way of originating summons – Justification – Supreme Court Act 1981, s 31(1)(2) – RSC Ord 53. reviewed | |
| LAWAL V. SALAMI |
ACTION:- Locus standi to institute an action -Issue of-Determination of – What court considers. ACTION:- Locus standi to institute an action – Issue of – Importance of – Where raised – Duty on court to determine first. |
|
LAWANI ADESOKAN & ORS V. PRINCE MICHAEL OYETUNJI OKEYOYIN ADEGOROLU & ORS |
ACTION – CAUSE OF ACTION: What constitutes “cause of action” |
| LAWANI V. DUROJAIYE |
ACTION:- Representative action – Plaintiff in counter claim – Whether leave of court needed to sue in representative capacity – Power of Federal Supreme Court for grant of such leave. |
| ACTION:- Amendment of claim and particulars of claim – Discretion of trial court – When appellate court will not interfere. | |
| LEONARD EZEAFULUKWE V. JOHN HOLT LIMITED |
ACTION:- Locus standi in contract cases -Who can sue or be sued under a contract – Relevant consideration. |
| ACTION:- Writ—Liquidated demand—Undefended list—No appearance for Defence—Entry of Judgment in sum less than demand through plaintiff’s error—Supreme Court (Civil Procedure) Rules, OXL. r 5. | |
| LLOYDE V. WEST MIDLANDS GAS BOARD |
ACTION:- Practice – Trial – Departure from case originally pleaded – Particulars of negligence – Finding against plaintiff on facts pleaded – Finding in favour of plaintiff on facts not pleaded – Order for new trial. |
| ACTION – STAY OF PROCEEDINGS:- Application for stay of proceedings- Grant of – Principles guiding. | |
| LOVELL AND CHRISTMAS V. GILBERT |
ACTION:- Whether there are circumstances under which an infant may be adjudicated bankrupt, or a receiving order may lawfully be obtained as a step towards such adjudication – Whether an infant partner cannot be made subject to the bankrupt laws in respect of any debt contracted by the firm of which he is a partner |
| ACTION:- Demurrer – Order 28 Rule 1 Supreme Court Civil Procedure Rules – Applicable principles | |
| M. T. MAMMAN V. A. A.SALAUDEEN |
ACTION:- Libel – Cause of action therein – What constitutes. |
| ACTION:- PLEADINGS:- Cardinal principles of pleadings – Parties are bound strictly by their pleadings – It is the party’s pleadings which defines his line of evidence at the trial of an action in court – Effect – Whether averments in pleadings without evidence adduced thereon by the party who pleaded such facts, go to no issue as no onus is cast on the other party to disprove the facts not established by evidence | |
| MACKSON IKENI V. CHIEF WILLIAM AKUMA EFAMO |
ACTION – Mode of institution of action by partnership. ACTION – Parties to an action – who can sue and be sued |
| ACTION:- Dismissal – Abuse of process of court – Plaintiffs bringing libel action in respect of letter obtained on discovery in unsuccessful criminal proceedings brought against them – Whether libel action abuse of process of court – Whether implied undertaking not to use documents obtained in criminal proceedings for other purposes – Criminal Procedure and Investigations Act 1996, s 17 – RSC Ord 24, r 14A. | |
| MALLAM SIYAKA O. LAWAL (Obobahin of Ihima) & ORS V. ALHAJI M.J. IBRAHIM OHIDA & ORS |
ACTION – ADMISSION:- Whether admitted facts require further proof |
| ACTION – LIS PENDENS:- Applicability – Whether the doctrine is only applicable to parties to an action or suit when they have been properly served with all necessary court processes in the action – | |
| MANAGEMENT ENTERPRISES LTD AND ORS V. JOHNATHAN OTUSANYA |
ACTION:- Action against dead person – Whether action against non-juristic person, void ab initio and therefore incompetent |
|
MARTCHEM INDUSTRIES NIGERIA LTD. V. M.F. KENT WEST AFRICA LTD. |
ACTION:- Action in detinue – Plaintiff claiming therein – Need to establish title to the chattel claimed.
ACTION:- Cause of action – Detinue – Conversion – Distinction between. ACTION:- Claim in detinue -Action for breach of contract – Whether both can be sustained by same set of facts. |
| MATANMI V. THE GOVERNOR OF OGUN STATE |
ACTION:- Cause of action – When accrues. ACTION:- Cause of action – Law applicable thereto. |
|
MATTHEW OKECHUKWU ENEKWE V. INTERNATIONAL MERCHANT BANK OF NIGERIA LTD. & ORS. |
ACTION – CAUSE OF ACTION: Conditions that must be satisfied before the doctrine of lis pendens apply in a matter. |
| MATTHEW OYE OLUWOLE V. POWER HOLDING COMPANY OF NIGERIA PLCo |
ACTION:- Cause of Action – Meaning – When accrues – Period of limitation – How determined under the Public Officers Protection Act – Need to look at the Writ of Summons and the Statement of Claim alleging when the wrong was committed which gave the Plaintiff a cause of action and by comparing that date with the date on which the Writ of Summons was filed – whether can be done without taking oral evidence from witnesses – Whether time begins to run when there is in existence a person who can sue and another who can be sued and when all the facts have happened which are material to be proved to entitle the plaintiff to succeed |
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