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 – 8
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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| TITLE | MAIN ISSUES |
| TSA INDUSTRIES NIGERIA LIMITED V. LINAY LAKHI MELWANI AND OTHERS | ACTION:- Whether principles governing proceedings commenced by writ of summons apply to motion or application |
| TUAKLI V. NBC | ACTION:- Action-Preliminary objection-Director General of the Nigerian Broadcasting Corporation-Whether a juristic person Nigerian Broadcasting Corporation Act, Cap. 133, S.16(1) |
| TUKUR V. GOVERNMENT OF GONGOLA | ACTION:- Legal representation – Proof of authority to represent – Whether required in court – Representation of Government by private practitioner – Validity of – Need for written fiat – Section 53 Interpretation Act – Section 97, Constitution of Nigeria, 1979 – Power of D.P.P. to instruct a private legal practitioner. |
| U. B. A. TRUSTEES LTD. V. NIGERGROB CERAMIC LTD. | ACTION:- Constitution of – Duty of Court. |
| UBA KANO V. BAUCHI MEAT PRODUCTS CO. LTD. | ACTION:- writ of summons – undefended list – a suit being undefended suit is no authority for the court to enter judgement for the plaintiff on the date the case is fixed merely for mention. |
| UCHENDU V. OGBOM | ACTION:- Parties – Joinder of parties – service of processes on defendant – need for amendment and service of amended writ of summons and statement of claim on defendant -required as a matter of practice even where provision for it is not in rules of court.
ACTION – CIVIL PROCEDURE:- Motion – Failure to state rule or law under which motion is brought on it – Whether does not render motion incompetent. |
| UDE V. NWANGWU |
ACTION:- Parties to an action – Plaintiffs suing on behalf of family – Defendants defending on behalf of entire community- Whether plaintiffs also defendants – Whether action properly constituted. ACTION:- Parties to an action – Rule that plaintiff cannot. be defendant at the same time – Application of.- Whether operates where plaintiff excludes himself from defendants. |
| UDE V. OJECHENH | ACTION:- Representative action – Judgment given in a representative suit – Bindingness of on each member of group represented. |
| UDE V. OSUJI | ACTION:- Estoppel – Estoppel by conduct – explained – operation of – qualification thereto – pp. 193/194 |
| UDEZE AND OTHERS. V. CHIDEBE AND OTHERS. | ACTION:- ESTOPPEL – Per rem judicatam – Applicable principles – Estoppel per rem judicatam and stares decisis – distinction. |
| UDO V. OBOT | ACTION:- Estoppel – Estoppel per rem judicatam – When applicable – S.53, Evidence Act, Cap. 62 – Issues raised but not decided – Res judicata. |
| UDOH V. ORTHOPAEDIC HOSPITALS MANAGEMENT BOARD | ACTION:- Intra or inter trade union disputes – Which court has jurisdiction to try Jurisdiction of ordinary courts to entertain – Section I A of Trade Disputes (Amendment) Decree No. 47 of 1992. |
| UDOSEN V. NATIONAL ELECTORAL COMMISSION OF NIGERIA | ACTION:- Originating Summons – Nature of action that can be commenced thereby – Where action involves dispute on questions of fact – Whether appropriate to use originating summons procedure. |
| UGBOBOR V. ONUKAFOR AND ANOR | ACTION for Damages. |
| UGWU V. OGBUZURU | ACTION:- Claim for declaration of title Injunction Declaration on disputed land depending on acceptance of the extent and features of the Western boundary as alleged by both parties. |
| UGWUOTI V. EZENNIA | ACTION:– “Locus standi” – an author of a film contending the infringement of copyright over his work – whether has standing to sue. |
| UKATTA V. NDINAEZE | ACTION:- Commencement of actions-Capacity in which action is instituted-Need to prove – Failure to do so – Effect. |
| UKPAI V. OKORO | |
| UKPE IBODO & ORS. V. IGUASI ENAROFIA & ORS. | ACTION:- Rules of Court – Duty of counsel appearing before court to master them – Duty of court in all cases always to strive to do substantial justice giving proper adherence to the Rules |
| UKPONG V. COMMISSIONER FOR FINANCE AND ECONOMIC DEVELOPMENT | ACTION:- Representative action – Principles governing – Employees contesting exercise of reassessment of taxes with resultant deduction of taxes at source from their- income by the common employer and paying over same to the taxing authority – Whether can initiate representative action. |
| UKU V. OKUMAGBA | ACTION:- Joinder of parties – principles governing same – jurisdiction of court to join a necessary party under order VII Rule 10(2) of Rules of the High Court of Mid-Western State. |
| ULTRAFRAME (UK) LTD V. FIELDING AND OTHERS(1) | ACTION:- Civil proceedings – Case management conference -Permission for hearing of certain applications to precede trial – Consideration of relevant facts. |
| UMARCO (NIG.) PLC V. JOFABRIS AND ASSOCIATES LTD |
ACTION:- Cause of action – Determination of – Document court should look at ACTION:- Limitation of actions – Statute bar – Issue of-When to raise same. |
| UME V. IFEDIORAH | ACTION:- Consolidated actions – Duty on trial court to give separate judgment in respect of each suit.
ACTION:- Consolidated actions – Trial of – Principles guiding. |
| UMORU YAU ENTERPRISES NIGERIA LIMITED & ANOR V. OLIVER ANUGWOM |
ACTION – RELIEF: Whether the Court has the power to make a case for a party different from that put forward by the party ACTION – RELIEF: Whether the court can award a relief not asked for by parties |
| UMUKORO V. NIGERIAN PORTS AUTHORITY | ACTION – Limitation of actions -Action against Nigerian Ports Authority – Time within which to commence Section 110, Ports Act, Cap. 361 Laws of the Federation of Nigeria, 1990 considered.
ACTION:- Pre-action notice –Action for compensation against the Nigerian Ports Authority – Failure to issue pre-action notice before instituting – Effect of. |
| UNIBIZ (NIG) LTD. V. COMMERCIAL BANK CREDIT LYONNAIS NIG LTD | ACTION:- Representative action – Failure to obtain leave therefor – Effect – Whether fatal. |
| UNIBIZ NIGERIA LIMITED V. COMMERCIAL BANK (CREDIT LYONNAIS (NIG.) LIMITED) | |
| UNIC LTD. V. STOCCO | ACTION:- Civil Procedure – Application for leave to enforce Arbitrators Award – Effect of |
| UNION BANK OF (NIG) PLC V. JASE MOTORS (NIG) LTD AND ANOTHER | ACTION:- Counter claim – Nature of. |
| UNION BANK OF NIGERIA PLC V. BENUE CEMENT COMPANY PLC | ACTION:– Good defence to the Dismissal of suit – whether can be sustained by a motion on notice by a defendant who believes that he has a suit. |
| UNION BANK OF NIGERIA PLC V. OBONG AMAETE NTUK | ACTION:– Parties to an action – party suing in representative capacity – need to establish authority to do same by evidence. |
| UNION BANK OF NIGERIA PLC. V. ROMANUS C. UMEODUAGU |
ACTION:- Cause of action – Meaning of – When accrues – Determination of – Whether discloses reasonable cause of action – What court should examine. ACTION- Limitation of action – Breach of contract- Limitation period therefor in Anambra State – Section 20, Action Law of Anambra State, 1986. |
| UNION BANK OF NIGERIAN PLC V. EDAMKUE | ACTION:- Undefended list procedure – Action on undefended list-When court can transfer to general cause list. |
| UNION BEVERAGES LTD. V. PEPSICOLA INT. LTD. |
ACTION:- Franchise agreement between Nigerian company and foreign company – Allegation of breach of the agreement by the foreign company – Action against Nigerian subsidiary company – Foreign parent not joined -Whether action competent. ACTION:- Parties to an action – Non joinder of a necessary party – Effect -When renders proceedings a nullity. |
| UNION BEVERAGES LIMITED V. ADAMITE CO. LIMITED | ACTION |
| UNITED BANK FOR AFRICA PLC V. JARGABA |
ACTION:- Undefended list procedure – Leave to defend – When will be granted – Duty of court to ascertain triable issue in affidavit to defend before granting leave – Relevant considerations ACTION:- Undefended list procedure – Nature and object of – Defence contemplated therein – Nature of- Order 22 of High Court (Civil Procedure) Rules of Kaduna State considered. |
| UNITED BANK FOR AFRICA PLC. V. BTL INDUSTRIES LTD. | ACTION:- Limitation of actions – Operation of – Knowledge of accrual of right of action on part of plaintiff – Effect of – Relevance of
ACTION:- Locus standi – Foreign exchange transaction – Transmission of money – Bank contracted to transmit or remit money abroad by customer abroad – Where defaults in transmitting same – Who can sue defaulting bank. |
| ACTION:- CAUSE OF ACTION: When does time begin to run for a cause of action to be statute-barred? | |
| UNITY BANK PLC V. DENCLAG LIMITED & ANOR | ACTION:- PLEADINGS: Whether the trial court can make use of the pleadings taken as constructive admission |
| UNITY LIFE & FIRE INSURANCE CO. LTD. V. D.A. LADEGA & ORS. | ACTION:- Action against insured by third party |
| UNIVERSITY OF CALABAR V. ESSIEN | ACTION:- Employee challenging termination of his appointment – Onus on. |
| UNIVERSITY OF CALABAR V. KRAUS THOMPSON ORGANISATION LTD |
ACTION:- Venue – Action for breach of contract – Determination of. ACTION:- Commencement of action -Where an action upon breach of contract may be commenced. |
| UNIVERSITY OF IBADAN V. ADETORO | ACTION:- Institution of action – When does time begin to run for purposes of limitation law.
ACTION:- Limitation of actions – Claim statute-barred – Acknowledgment of liability by defendant – What constitutes valid acknowledgment for raising fresh case of action. |
| UNIVERSITY OF ILORIN & ANOR V. IDOWU OLUWADARE | ACTION:- COMMENCEMENT OF ACTION: Proper mode for the commencement of an action for a right not provided for in the Constitution. |
| UNIVERSITY OF ILORIN TEACHING HOSPITAL V. MRS. THERESA AKILO | ACTION:- Cause of action – Validity of – How determined – When deemed to have arisen – Whether obligations and rights of parties must be considered in the light of the law at the time when the cause of action arose |
| UNIVERSITY OF ILORIN V. OYALANA | ACTION:– Accelerated hearing of a suit – need for court to grant same when the interest of justice demands it. |
| UNIVERSITY OF ILORIN V. MR. A. I. ADENIRAN | ACTION – CAUSE OF ACTION: What the courts must do in order to determine when a cause of action is statute barred |
| USEN V. BANK OF WEST AFRICA LTD | ACTION – Fraud not pleaded: (a) evidence of,; (b)finding of. |
| USMAN DANTATA V. MOUKTAR MOHAMMED | ACTION – Declaratory relief – purpose of. Ord. 22 r 5 of High Court of Lagos State (Civil Procedure) Rules |
| USMAN V. KUSFA | ACTION – RES JUDICATA – Doctrine of res judicata – Meaning and implication of – How applied. |
| UTTAH V. INDEPENDENCE BREWERY LTD | ACTION – Civil Action for an account commenced in illegal High Court of ‘Biafra’ Referee appointed by that Court Later Judgment based upon proceedings there and in the reconstituted Umuahia High Court itself null and void Retrial ordered. |
| UTTEH V. STATE | |
| UYANNE V. ASIKA | ACTION – Civil Action – Applicability or otherwise of the East Central State Edict NO.10 of 1970 entitled Vacant Premises (Reoccupation Provisions) to “business premises” – Not defined by Edict – Whether dependant on evidence of user. |
| UZOKA V. GOVERNOR, E. R | ACTION – NATURAL JUSTICE:- Whether the need arises in an inquiry. |
| VALUE LINE SECURITIES INVESTMENT LIMITED v. OBUBOEGBUNAM J. ANAKWUBE | ACTION:- PLEADINGS:- Whether what is admitted in the pleadings, ceases to be in dispute or controversy between the parties, need not be proved by any parties at the trial and will be taken as established. See NIPO vs Thompson Organisation (1969) 1 NWLR 99 at 103 and Uredi v. Dada (1988) 1 NWLR 237.” Per AGIM, J.C.A. (P. 25, paras. F-G) |
| VERONICA GRAHAM & ORS V. LAWRENCE ILONA ISAMADE ESUMAI & ORS | ACTION – MISDIRECTION:- Whether a mis-direction is an error in law |
| VULCAN GASES LTD. V. G.F. IND. A.G. | ACTION:- Commencement of actions – Authority to institute action – Whether plaintiff cart acquire after issuance of writ of summons
ACTION – POWER OF ATTORNEY:- Parties to an action – Donee of Power of Attorney – Duty on to sue in the name of the donor. |
| WEMA BANK (NIG) LTD V. S.U. ODULAJA | ACTION – Failure to give notice of proceedings to an opposing party – whether amounts to denial of fair hearing – effect on proceedings. |
| WEST CONSTRUCTION COMPANY LTD. V. SANTOS M. BATALHA | ACTION:- Claim – When ex-facie tainted with illegality.
ACTION:- Duty on a party who intends to claim illegality as a defence. |
| WILLIAM KPEBIMOH V. THE BOARD OF GOVERNORS, WESTERN IJAW TEACHERS | ACTION:- Civil Procedure – Competence and parties to an action – Unincorporated body – Action for breach of contract against unincorporated body – Body having statutory functions – Whether such body can sue or be sued as a legal entity -Education Law (Cap 34 Laws of Western Nigeria) S. 53. |
| WILLIAMS V. SANUSI | ACTION – REPRESENTATIVE ACTION:- Order IV. r. 1 and Order IV. r. 3 of the Eastern Region High Court Rules, 1955 – Endorsement of writ for action in a representative capacity – Where more persons than one have the same interest in one suit – Need to obtain leave of court before one or more of such persons could act in a representative capacity for the other persons interested to sue or defend in such suit, for the benefit of or on behalf of all parties so interested |
| WILLICH NIGERIA LIMITED V. MAHOGANY NIGERIA LIMITED | ACTION – Undefended list procedure under order 23 rule 3(1) of Rivers State High Court (Civil Procedure) Rules – content and quality expected of an affidavit filed by a defendant in support of a notice to defend an action thereunder. |
| WILLOUGHBY V. IMB | ACTION:- Trial – Leave to recall witnesses and call further evidence – grant of application of appellant’s counsel for leave to recall the only witness for defence for cross-examination after the defence had closed its case – Grant of leave to reopen appellant’s case and call further evidence – Interest of justice in conduct of tral of a case – Desirability of remaining impartial orbitor between parties – Procedure to be adopted at trial of a case – High Court of Lagos Civil Procedure Rules 197Z Order 32, rules 14, 15, 16 and 17 |
| WIMPEY (NIGERIA) LIMITED V. BALOGUN | ACTION – Amendment of Writ ‑ Addition or Substitution of new party ‑Duty of Plaintiff. |
| WIRI AND OTHERS. V. WUCHE AND OTHERS. | ACTION:- Action brought in representative capacity on behalf of a community – what needs to be shown |
| WOHEREM V. EMEREUWA |
ACTION:- Cause of action – When does it accrue – How determined. ACTION:- Competence of action – Objection to competence of action based on issue of facts – Proper stage at it which can be raised- Rationale therefor |
| WRAITH V. WRAITH AND ANOTHER | ACTION – ADMINISTRATION OF JUSTICE:- Legal Aid and Advice – Order for costs – Award of costs against assisted person – Enforcement of order – Assisted party’s action against unassisted defendants struck out for want of prosecution and costs awarded to defendants, not to be enforced without leave of court – Plaintiff bringing action against solicitors and settlement of action including indemnity against liability for defendants’ costs – Defendants seeking to enforce costs order on grounds that plaintiff’s circumstances had changed – Whether defendants entitled to enforce order – Civil Legal Aid (General) Regulations 1989, reg 130. |
| YAHAYA V. WAJE COMMUNITY BANK LIMITED | ACTION:- Undefended list – order 23 of the Kano State High Court (Civil Procedure) Rules 1988 – procedure to follow thereunder. |
| YAKUBU ALABI ARO V. SAADU ADISA ARO | ACTION:– Estoppel per res judicata – need to raise same unambiguously. |
| YAKUBU GOWON V. .IKE-OKONGWU | ACTION:– Counter claim – when desirable to hear same with the original suit – theme of original suit in the instant case different from theme of the counter-claim and the parties are not the same in both actions – whether desirable to hear both together. |
| YAKUBU V. TSAURI | ACTION – Preliminary objection – fundamental nature of – attitude of court thereto. |
| YALAJU-AMAYE V. ASSOCIATED REGISTERED CONTRACTORS | ACTION:- Locus standi Action to remedy wrongs against company Appropriate plaintiff Rule in Foss v. Harbottle Exceptions thereto. |
| YESUFU ADEOSUN V. MADAM AYISATU JIBESIN | ACTION:– Limitation of actions – relevance of writ of summons and statement of claim in determining same.
ACTION:– Reasonable cause of action – relevance of statement of claim in determining same. |
| YOUNIS V. OGUNLAJA | ACTION:– Action-Obstruction-Wooden structure placed on Plaintiff’s premises by Defendant Whether action of Defendant amounted to nuisance or trespass. |
| YUSUFF V. NIGERIA TOBACCO COMPANY LTD. | ACTION:- Civil Action – Liquidated demand – How treated |
| YUSUF V. OBASANJO | ACTION:- Application – Hearing of an application- Whether a party will be punished for a delay in the hearing of an application not caused by him. |
| ZAEED A. AJAYI & ORS. V. ATTORNEY GENERAL, OGUN STATE & ORS | ACTION:- PLEADINGS: Whether parties are bound by their pleadings |
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