POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO COURT PRACTICES AND PROCEDURES (5)
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TITLE | MAIN ISSUES |
FIRST BANK OF NIGERIA PLC V. ALEXANDER N. OZOKWE | COURT – JURISDICTION:- Whether courts of law in Nigeria have jurisdiction over foreign currency judgments |
FIRST BANK OF NIGERIA V. IFIOK EYO I. AKPAN & ANOR. | COURT – COMPETENCY OF COURT:- When a Court is competent or has jurisdiction to exercise judicial power |
FOLUSO OLADELE V. THE STATE | COURT:- Speculation – Attitude of court thereto. |
FOMBO V. RIVERS STATE HOUSING AND PROPERTY DEVELOPMENT AUTHORITY | COURT – PLEADINGS:- Writ of Summons and Statement of Claim – Duty of trial court to limit itself to competent pleadings not proposed amendments thereto which were not moved and adopted – |
FORESTRY RESEARCH INSTITUTE OF NIGERIA V. MR. I. A. ENAIFOGHE | COURT – SUBSTANTIVE JUSTICE:- Where a matter is brought under a wrong law – Duty of court to do substantial justice – Whether extends to applying the appropriate law to the facts of the case, despite the fact that the respondent relied on a wrong law in presenting his case |
FORGO BATTERY COMPANY LIMITED V. ALAO LAIDE ADEBAYO & ANOR | COURT – DUTY OF COURT:- Duty to provide an atmosphere or environment for fair hearing in every case |
FORSON V. CALABAR MUNICIPAL GOVERNMENT | COURT:– Judgment of court – where obtained by fraud – whether court is competent to set aside same even where issue of jurisdiction is properly raised. COURT:– Jurisdiction of – Where appellant had conceded the jurisdiction of lower court – Whether can be estopped from challenging same. |
FRANCIS ADESEGUN KATTO V. CENTRAL BANK OF NIGERIA | COURT:- Court of Appeal – Issues raised before it – Duty of court to consider – Decision on an issue pleading appeal – Whether still bound to consider other issues |
FRANCIS NYIAM BISONG V. OKOKON EKPENYONG | COURT:– Duty of court to adjudicate on facts adduced by a party – whether court can draw conclusions other than those based on evidence. |
FRANCIS SHANU V. AFRIBANK NIGERIA PLC. | COURT:- Or. 2 r 31(2) of the Supreme Court Rules – application for leave to appeal out of time – requirements of. |
FRED EGBE V. ADEFARASIN | COURTS:- Supreme Court – Whether can overrule previous decisions. |
FRIDAY KAMALU & ORS V. DANIEL NWAKUDU UKA UMUNNA & ORS | COURT – DUTY OF COURT:- Duty of appellate court when the issue relates to evaluation of evidence COURT – NATIVE COURT:- Attitude of Native court to form of an action |
FUMUDOH V. ABORO | COURT – Cause of action – Disclosure of reasonable cause of action – How determined -Document court must use in consideration thereof. COURT – Competence of Court – Condition precedent thereto – Step taken in contravention thereof- Effect. COURT – Court processes – Importance of – Duty on counsel in preparation thereof. |
G. K. F. INVESTMENT NIGERIA LTD. V. NIGERIA TELECOMMUNICATIONS PLC | COURT – DISCRETION OF COURT:- considerable discretion of awarding damages by the court |
G.N. NWAOLISAH V. PASCHAL NWABUFOH | COURT – DUTY OF COURT:- Whether the courts have a duty to make contracts for parties |
GABRIEL IWUOHA V. NIGERIAN POSTAL SERVICES LTD. | COURT – Appellate court – power of same to evaluate documentary evidence. COURT – Case presented by parties – need for court to only adjudicate on same. |
GABRIEL MADUKOLU, & ORS V. J. NKEMDILIM | COURT:- Jurisdiction—Competence of Court – Defect of Competence – Effect -How competence of Court determined. |
GANIYU AGUNBIADE V. OKUNOGA AND CO | COURT:- Magistrates’ Court – Inherent powers of a court to review its own judgment where shown to be irregular or obtained by misrepresentation-Inherent powers of the Court – Magistrates’ Court (Lagos) Ordinance, Cap. 113, s. 46-Magistrates’ Court (Civil Procedure) Rules, 1956. |
GANIYU BADMUS V. A.O. ABEGUNDE | COURT – Issue taken suo motu – need to invite parties to address it. |
GANIYU OSUOLAIDE V. THE STATE | COURT – JUDGMENT AND ORDER:- Miscarriage of justice – Distinction between miscarriage of justice occasioned by wrong conviction from one occasioned by an error or omission in the court which may reasonably be considered to have brought about the conviction |
GARKUWA SHUGABA NDARUZU ZHITSU SOSSA V. IBRAHIM ALHASSAN ZHITSU FOKPO | COURT – Abuse of Court Process – when delay in the conduct of a case would constitute an abuse of court process. COURT – Adjournment – whether discretionary – when discretion is judiciously exercised. |
GARUBA V. KWARA INVESTMENT COMPANY LTD. | COURT- Court of Appeal – Powers of under section 16 of the Court of Appeal Act – Scope of. COURT – Reliefs – Relief not claimed by party at trial court – Whether appellate court can grant. |
GATEWAY BANK OF NIGERIA PLC V. ABOSEDE | COURT – Discretion – duty of trial court to exercise same judicially and judiciously. |
GBADAMOSI V. GOVERNOR OF OYO STATE | COURT – Supreme Court – Concurrent findings of fact by the Courts below-Attitude to same. |
GBAFE V. GBAFE | COURT:- Hypothetical question -Attitude of court thereto – Whether has jurisdiction to determine same. |
GEOFFREY EMONE V. INSPECTOR GENERAL OF POLICE | COURT:- Magistrates’ Courts (Northern Region) Law, 1955-Sections 19 and 20(b) -Criminal jurisdiction-Magistrates of the second grade-Consecutive terms in one case-Aggregate exceeding one year not allowed. |
GEORGE OKAFOR & ORS. V. EZE A.E. IDIGO III & ORS | COURT – DUTY OF COURT:- Duty of the court when determining matters before it |
GEORGE T. OGARA V. PATRICK O. ASADU & ORS | COURT – JURISDICTION:- Requirement which must co-exist in order to determine whether a court is seised with the requisite jurisdictional competence to entertain and determine any suit before it |
GILBERT T. ESANJUMI SAGAY V. EGBERUO IKPIRI SAJERE | COURT:– Trial court – primary function of trial court in relation to evidence before it. COURT:– Trial court – when evasive in its findings – attitude of appellate court thereto. |
GILHAM V. BROWNING AND ANOTHER | COURT:- County court – Practice – Discontinuance of action – Discontinuance of counterclaim by defendants – Whether court having jurisdiction to strike out notice of discontinuance for abuse of process – Whether notice of discontinuance should be struck out – CCR Ord 18. COURT:- County court – Practice – Nonsuit – Whether party having unfettered right to be nonsuited – CCR Ord 21, r 2. |
GLOBAL TRANSPORT OCEANICO S.A. V. FREE ENTERPRISES NIGERIA LIMITED | COURT:– Academic or hypothetical questions – attitude of court thereto. |
GODSWILL O. AKPABIO & ORS V. SEN. J. J. AKPANUDOEDEHE & ORS | COURT – JURISDICTION:- Whether a court has jurisdiction to set aside its own judgment |
GODSWILL OBOT AKPABIO & ORS V. SENATOR JOHN JAMES AKPANUDOEDEHE & ORS | COURT – JURISDICTION:- Whether a court has jurisdiction to set aside its own judgment |
GOVERNOR OF OYO STATE & ANOR. V. CHIEF AKIN AKINYEMI | COURT – DUTY OF COURT:- The duty of court as to the preservation of the res in it custody |
GOVERNOR-IN-COUNCIL V. OSHUNLAJA | COURT:- Jurisdiction – Where ousted by statute. |
GRACE JACK V. UNIVERSITY OF AGRICULTURE MAKURDI | COURT – “Court” under the Fundamental Rights (Enforcement Procedure) Rules – Meaning of COURT- Enforcement of fundamental rights – Court vested with Jurisdiction in respect of – Whether both Federal High Court and State High Court have concurrent jurisdiction. COURT – Federal High Court – Exclusive jurisdictions thereof with respect to action against Federal Government Agency – Whether extends to action for enforcement of fundamental rights. |
GREEN FINGERS AGRO-INDUSTRIAL ENTERPRISES LIMITED V. MUSA YUSUFU | COURT:– Judgment – Where the unchallenged, credible and uncontrovertible evidence exist – Duty of court to enter judgment on the strength of same |
GUFFANTI (NIGERIA) PLC V. PIDRELLA INSTALT – VADUZ & ORS | COURT:- Whether the showing of a substantial ground of appeal alone is sufficient to grant a stay of execution – When to grant a stay of execution |
GWYNEDD COUNCIL V. GRUNSHAW | COURT:- County court – Practice – Delivery of document to proper officer for filing at county court – Appellant delivering notice of appeal to demolition order at her local county court within prescribed time period – Court manager refusing to accept notice on basis that it should have been filed at another county court – Notice arriving at other court outside prescribed time period – Whether court manager had discretion to refuse to accept notice – Whether appeal made within prescribed period – CCR Ord 2, r 4, Ord 4, r 9. |
H.R.H. EZE DR. FRANK ADELE EKE V. MR. GODFREY CHIZIEZE OGBONDA | COURT – JURISDICTION:- Whether or not the Court of Appeal has jurisdiction to review its own judgment which is null and void. |
H.R.H. IGWE G. UMEONUSULU UMEANADU V. ATTORNEY GENERAL OF ANAMBRA STATE & ANOR | COURT – APPELLATE COURT:- When Appellate Court will interfere with the exercise of discretion by a lower court |
HADA V. MALUMFASHI | COURT:- Admissibility -Inadmissible evidence – Duty on court to reject same even if not objected to. |
HAIDO V. USMAN | COURT – RULES OF COURT – Order 22 rule 3 Kaduna State High Court Civil Procedure Rules 1987 – whether an affidavit discloses a defence on the merit or a triable issue thereunder – Determination of same by trial Judge. COURT – RULES OF COURT – Order 22 rule 3(4) Kaduna State High Court Civil Procedure Rules 1987 – The clause “or is not given leave by the court” contained therein – Purport of |
HAJAIG V. HAJAIG | COURT:– Exercise of discretion by lower court – duty of appellate court not to interfere with same. |
HARBOUR V. ERONINI | COURT:- Federal Supreme Court – Power to correct misinterpretation of it judgments by lower Courts. |
HARKA AIR SERVICES (NIG.) LIMITED V. KEAZOR ESQ. | COURT:- Power of Court – Section 16 of the Court of Appeal Act Cap 36 Laws of the Federation 2004 – Order 3 Rule 23 Court of Appeal Rules 2002- Purport and Intent – Whether empowers Court of Appeal to award the damages in U.S. Dollars – Power to make order which the High Court would have made in a matter of jurisdiction of the High Court – When Section 16 of the Court of Appeal Act to determine the real question in controversy in the appeal – Propriety |
HARRIMAN V. JOHNSON | COURT:- High Court-Jurisdiction-Ouster of Jurisdiction-Decree No. 28 of 1970. |
HART V. HART | COURT – CONTEMPT PROCEEDINGS:- Meaning – Nature of and types – When criminal – Whether when it consists of interference with administration of law thus impeding and perverting the course of justice – When civil – Whether where it consists of disobedience to the judgments, orders, or other processes of the court resulting or involving private injury COURT – PRECEDENT:- Principle enunciated in Doherty V. Doherty [1964] L.L.R. 226 as regards the interpretation of Section 71 of the Sheriff and Civil Process Law restricting its application to the enforcement of mandatory orders only – Whether no longer the law |
HASSAN GARBA V. MUSA LAWAN BIRNIWA & ANOR | COURT – JURISDICTION – FEDERAL HIGH COURT:- Exclusive jurisdiction of the Federal High Court as conferred on it by section 251 (1) of the 1999 Constitution of the Federal Republic of Nigeria – Limits – Causes and matters where it does not apply COURT – INTERLOCTORY APPLICATION/RULING:- Rule that at the point of considering preliminary objection or interlocutory application, the trial Court must avoid delving into the substantive questions or issues in the case before him, which it is yet to try or take evidence – Whether imply that the Court is precluded from analyzing the case of the plaintiff as stated in the pleadings (Statement of claim) and bringing it forward, while considering the interlocutory application by the defendant seeking to abort the trial of the substantive case. |
HASSAN V. JAURO | COURT:- Court making an order not claimed by parties – Whether proper. |
HELP NIG LTD V. SILVER ANCHOR NIG LTD | COURT:- Jurisdiction of Court – Equitable jurisdiction of Court in specific performance. COURT:- Supreme Court – Attitude to academic issues. |
HERB V. DEVIMCO INTERNATIONAL B.V. | COURT:– Forum conveniens – factors determining same. |
HIRNOR V. YONGO | COURT:– Customary Court of Appeal of a State – Circumstances in which appeal may lie to the Court of Appeal. |
HIS HIGHNESS EREJUWA II THE OLU OF WARRI V. KPEREGBEYI | COURT:- High Court – Jurisdiction in Declaratory actions – How ousted. |
HIS ROYAL MAJESTY OBA (DR.) GABRIEL ADEKUNLE CFR V. CHIEF ADEFIOYE ADEDEJI | COURT – DUTY OF COURT:- Whether the Courts have a judicial function to interpret judgments when called upon to do so |
HOLDENT INTERNATIONAL LIMITED V. PETERSVILIE NIGERIA LIMITED | COURT – JUDGMENT AND ORDER – STYLE OF WRITING:- Rule that a trial court is free to adopt any style in writing a judgment – Whether does not preclude the basic requirements of evaluation and perception of the evidence to be clearly demonstrated in the judgment by it |
HOME DEVELOPMENTS LTD. V. SCANCILA CONTRACTING CO. LTD. | COURT:- Application of Nigerian Laws and rules of courts – Duty on Nigerian courts in respect thereof. |
HON. ABRAHAM ADEOLU ADELEKE (SPEAKER) & ANOR. V. OYO STATE HOUSE OF ASSEMBLY & ORS. | COURT – POWER OF COURT:- When a court can have the power to correct an error in an affidavit |
HON. ANTHONY OGUEJIOFOR & ORS V. HYACINTH EJIDIKE & ORS | COURT:- method of evaluating evidence of witnesses |
HON. BASSEY ETIM & ANOR. V. HON. EMMANUEL BASSEY OBOT & ORS. | COURT – ABUSE OF COURT PROCESSES:- What constitutes abuse of court processes |
HON. GABRIEL TORWUA SUSWAM V. PROF. STEVE TORKUMA UGBA & ORS | COURT – APPELLATE COURTS:- Duty of appellate courts |
HON. GABRIEL TORWUA SUSWAM V. SEN. DANIEL I. SAROR & ORS | COURT – POWER OF COURT:- Whether the court of appeal has power to order a retrial |
HON. JUSTICE GARBA ABDULLAHI V. THE GOVERNOR OF KANO STATE & ORS | COURT – DUTY OF COURT:- Duty of court not to determine issues that will prejudice the merits of the appeal at the substantive stage |
HON. MICHAEL DAPIANLONG & ORS V.CHIEF (DR.) JOSHUA CHIBI DARIYE & ANOR | COURT – Jurisdiction:- The importance of Jurisdiction COURT – COURT OF APPEAL:- Limitations on the power conferred on Court of Appeal by Section 16 Court of Appeal Act |
HON. PATRICK C. ONUOHA V. CHIEF R.B.K. OKAFOR CHAIRMAN N.P.P. & Ors | COURT – JURISDICTION:- Whether a court has jurisdiction to entertain a claim to compel a political party to sponsor one candidate in preference for another COURT – POWER OF COURT:- Power of court to deliver a declaratory judgment |
HONORABLE COMMISSIONER FOR LOCAL GOVERNMENT, RURAL DEVELOPMENT | COURT:- Affidavit evidence – Conflict therein – How resolved – Duty on court in respect thereof. COURT:- Allegation of fraud – Attitude of court thereto. COURT:- Issue of jurisdiction – Where arises – Power of Court to determine whether it has jurisdiction. |
HOPE DEMOCRATIC PARTY (HDP) V. MR PETER OBI & ORS. | COURT – COMPETENCY OF COURT:- When a Court will have the necessary competence to hear and determine a matter |
HOPE DEMOCRATIC PARTY [HDP] V. MR. PETER OBI & ORS | COURT – COMPETENCE OF COURT:- Whether a court can sit over its own judgment |
HOPE UZODINMA V. SENATOR OSITA B. IZUNASO & ORS | COURT – JURISDICTION:- Whether it is the plaintiff’s claim that determines the court’s jurisdiction |
I.B.W.A. LTD V. UNAKALAMBA | COURT:- Court of Appeal – Determination of appeal – Power of Court of Appeal in respect of. |
I.B.W.A. V. IMANO | COURT:– Where a trial court inadvertently admits evidence which is inadmissible – Duty on the court to discountenance such evidence – Failure to do so – What an appellate court shall do in the circumstance. |
I.T. ADENUGA V. ILESANMI PRESS AND SONS (NIG.) LTD. | COURT:- Court making out case for a party – Propriety of |
IBAFON COMPANY LTD. V. NIGERIAN PORTS PLC. | COURT:– Federal High Court – whether has exclusive jurisdiction to adjudicate on action invoking the scope of the powers of the Ports Authority and the delimitation of ports area – Federal High Court (Amendment) Decree No. 60 of 1991 and ss.7 & 19 of Federal High Court (Amendment) Decree of 1993 considered. |
IBOKO V. THE COMMISSIONER OF POLICE | COURT:- Rules of Court – When inconsistent with Act or Law. |
IBRAHIM DEMS V. C. O. P. | COURT:- Federal Supreme Court- Section 26(1) Federal Supreme Court Ordinance – When it would be invoked. |
IBRAHIM KANO V. GBADAMOSI OYELAKIN | COURT:- Judgment of court – Bindingness of pleading as basis of –Necessity court to avoid speculation. |
IBRAHIM V. BALOGUN | COURT:- Adjudicatory process – Duty on court in respect thereof. |
ICAN AND ORS. V. ATTORNEY-GENERAL OF THE FEDERATION | COURT:– Exercise of discretion – whether depends on the peculiar circumstances of each case – whether judicial discretion ought to conform with common sense and principles of justice. COURT:– Attitude of appellate court to judicial discretion by lower court – applicable principles. |
ICHOKU V. ABAI | COURT:- Federal High Court – whether its jurisdiction could be challenged without coming under order 24 of Federal High Court (Civil Procedure) Rules 1999. |
IDAKULA V. RICHARDS | COURT:- Point of law – Where raised suo motu by court – Duty on court to (rear counsel on both sides thereon. |
IDRIS OLOYEDE ASANIKE V. MRS. OJUOLAPE AKINLEYE & ANOR | COURT – EVALUATION OF EVIDENCE – DUTY OF COURT:- When a trial court fails in its duty to properly consider the evidence before it – Where the failure had led to the drawing of wrongful conclusions from the evidence accepted by the court – Whether appellate court is perfectly justified in re-evaluating and reconsidering the whole evidence in order to arrive at a just decision |
IFEANYICHUKWU E. R. OKONKWO V. ATTORNEY-GENERAL OF ANAMBRA, STATE & ORS. | COURT – DUTY OF COURT:- whether to embark on academic exercises – whether courts grant orders in vain |
IGBINOGHODUA OGIGIE & ORS V. A.I. OBIYAN | COURT – JURISDICTION:- Whether failure of defendant to raise jurisdictional issue of venue of court timeously was fatal to his claim COURT – JURISDICTION:- Whether determining the case in the wrong venue judicial division, was fatal to plaintiff’s case |
IGBOKWE V. UDOBI | COURT:‑ Jurisdiction of court to hear suit ‑ Whether ousted by fact that plaintiffs suit may fail. |
IGE V. AKOJU | COURT – Concurrent findings of facts by High Court and Court of Appeal – Attitude of the Supreme Court thereto – When it will interfere therewith. |
IHEANACHO V. CHIGERE | COURT- Rule in Kojo V. Bonsie-Supreme Court – Power of same to review evidence and draw conclusion – When necessary. |
IHENACHO V. UZOCHUKWU | COURT:- Judicial immunity – Immunity for District Judge and officers of court – Section 83(1) & (2) of the District Court Law of Northern Nigeria – When it Bill avail – When it will not. |
IKE V. UGBOAJA | COURT:- Trial court – Raising issue suo motu – Whether bound to invite address on every issue so raised. |
IKECHUKWU SUNDAY V. THE STATE | COURT – JUDICIAL DISCRETION:- Need for exercise of discretion to be dictated by the facts and circumstances of the particular case – whether in matters of discretion no one case is a binding authority for the exercise of discretion in a subsequent case |
IKENNA V. BOSAH | COURT:- Judgment of Supreme Court-Enforcement of-Where and how enforced – Whether enforceable by way of appeal. |
IKONNE V. COP | COURT – JUDICIAL IMMUNITY- Judges immunity from lawsuits. |
IKPASA V. BENDEL STATE | COURT:- Capital offences – As a proper case in which to exercise the judicial discretion relating to side-stepping of technical rules so as to give room substantive justice – Invocation of Order 9 Rule 28 of the Rules of the Court |
IKWEKI AND ORS. V. EBELE AND ORS. | COURT – Court of Appeal – Jurisdiction of – Source of- Grounds of appeal – Importance of to exercise of jurisdiction of the court. COURT – Discretionary power – Where court has no jurisdiction – Whether can exercise discretionary power. |
IKYEREVE IORDYE V. TOR IHYAMBE | COURT:– Identity of land – visit to locus in quo by trial judge – Essence of. |
ILEDARE V. AJAGBONNA | COURT:- Area Court – Presumption of its knowledge of local native law and custom – Whether rebuttable. COURT: -Native Court – Proceedings thereof – Rules governing interpretation of. |
ILIYASU SUBERU V. THE STATE | COURT:– Duty not to descend into the arena COURT – DUTY OF COURT:- Need for a court not to set up for parties a case different from the one set up by the parties themselves – When a point is raised suo motu by court and decided upon by court without hearing from counsel – Whether amounts to judge descending into the arena – Duty of a court not to bridge the yawning gap in the case of a party especially in a criminal matter |
ILOEGBUNAM V. ILOEGBUNAM | COURT:– Access to court – need to encourage access to court by aggrieved persons – need for a Judge to avoid lending his support to the violation of citizens fundamental rights. |
IMO BROADCASTING CORPORATION V. LAMBERT SUNDAY IWUEKEOF | COURT – When appellate court will interfere in award of damages by trial court |
INCORPORATED TRUSTEES OF NIGERIA ASSOCIATION OF GENERAL PRACTICE PHARMACISTS EMPLOYERS V. PHARMACISTS COUNCIL OF NIGERIA | COURT – JUDICIAL DISCRETION:- Proper exercise of attain substantial justice – Duty of court thereto |
INI OKON UTUK V. THE OFFICIAL LIQUIDATOR (UTUKS CONSTRUCTION AND MARKETING COMPANY LTD.) & ANOR | COURT – COMPETENCE OF COURT:- Whether failure to satisfy a condition precedent or pre-condition for the commencement of an action will affect the competence of court to entertain the action. |
INSPECTOR KAYODE V. J.A. ODUTOLA | COURT – Duty of plaintiff to prosecute his case without undue delay – Consequence of failure to do so – Whether may be precluded by laches and acquiescence. |
INSPECTOR-GEERAL OF POLICE V. ADEGOKE ADELABU | COURT:- Jurisdiction – Determination of by Court on its own initiative – Propriety of. |
INSURANCE BROKERS OF NIGERIA V. ATLANTIC TEXTILES MANUFACTURING COMPANY LIMITED | COURT:- Findings of fact by trial court – Duty on appellate court with respect thereto. |
INTEGRATED DATA SERVICES LTD V. MR. OLAJIDE O. ADEWUMI | COURT – POWER OF COURT OF APPEAL:- Whether Court of Appeal has any power to transfer suit before a State High Court back to the Federal High Court to start de novo – Section 15 of the Court of Appeal Act – Power to grant orders the High Court could have granted – Whether there is no power in the extant rules of the High Court of Edo State, to transfer a case from its court to the Federal High Court |
INTELSEC SYSTEMS LTD AND OTHERS V. GRECH-CINI AND OTHERS | CIVIL PROCEDURE:- ADMINISTRATION OF JUSTICE; Courts |
INTERNATIONAL BEER AND BEWERAGES INDUSTRIES LIMITED & ANOR V. MUTUNCI COMPANY (NIG) LTD. | COURT – JURISDICTION OF COURT:- Whether or not a court lacks the vires or jurisdiction to grant to a party an unclaimed relief – How determined |
INTERNATIONAL COMMITTEE OF THE RED CROSS V. ISMAILA TIJANI OLABODE | COURT – DUTY OF COURT:- Primary duty of court when interpreting any statutory provision |
INTERNATIONAL MESSENGERS NIG. LTD. V. ENGINEER DAVID NWACHUKWU | COURT:- Reliefs – Relief not claimed – Whether court can grant. |
INTERNATIONAL OFFSHORE CONSTRUCTION LTD V. SHORELINE LIFTBOATS NIGERIA LTD | COURT:- Federal High Court – Admiralty and maritime contract -Exclusive jurisdiction of Federal High Court thereto. |
INTERNATIONAL POLYMERA SYSTEMS LTD V. GLOVER | COURT:- Summary jurisdiction – nature of. |
INTRA MOTORS NIGERIA PLC V. CHIEF A.M.A. AKINLOYE | COURT:- Slip rule – meaning of – the inherent power of a court of record to amend or correct its own record. |
IROM V. OKIMBA | COURT:- Issues before the court – Where court raises issue suo motu – Need to call on parties to address thereon – Rationale for COURT:- Issues raised before court – Need for court to confine itself thereto. |
IRONU DIKE (ALIAS IGBO ETIM) AND ORS V. CHIEF N. O. NWANKWO | COURT:- Findings of fact by trial court – When appellate court will interfere therewith – When will not – Relevant considerations. |
ISAAC E. NWAENANG V. CHIEF EDET W. NDARAKE & ORS | COURT – EXERCISE OF DISCRETION – DUTY TO ACT JUDICIALLY AND JUDICIOUSLY:- Meaning – Whether acting judicially imports a consideration of the interest of both sides and weighing them in order to arrive at a just or fair decision – Key requirements COURT – EXERCISE OF DISCRETION – RECORD KEEPING:- Duty of a court to act judiciously and judicially – Whether imports the duty to keep record of reasons which would form the basis of how a trial court arrives at a given decision for it to be called a sound judgment marked by discretion, good sense and wisdom – Effect of failure thereto |
ISHOLA V. AJIBOYE | COURT – Supreme Court – Previous decision of – When the Supreme Court will depart therefrom |
ISHOLA V. UNION BANK OF NIGERIA LIMITED | COURT:- Case made out by parties – Duty on court not to depart therefrom. COURT:- Evaluation of evidence – Duty on trial court in respect of – Where it fails to discharge sane – Effect. COURT:- Evaluation of evidence – When appellate court can embark on – Relevant consideration. |
IVBIYARO V. FRANCIS | COURT:- Case made out by parties – Duty on court not to depart therefrom. COURT:- Evaluation of evidence – Duty on trial court in respect of – Where it fails to discharge sane – Effect. COURT:- Evaluation of evidence – When appellate court can embark on – Relevant consideration. |
IVIENAGBOR V. BAZUAYE | COURT – Investigation of case outside evidence before court – Duty on judge to desist from – Need to confine himself to issues raised before court. COURT- Issues before court- Duty on court not to substitute its own views therefor – Need to confine itself to evidence before it. COURT- Record of proceedings – Duty on court to restrict itself thereto – Need not to substitute submission of counsel for evidence. |
IWEKA V. S.C.O.A. NIGERIA LIMITED | COURT – Hearing of interlocutory applications – Duty of judge not to prejudge main issues in case. |
IWUNO V. DIELI | COURT – Abuse of court process – Appeal against concurrent findings of fact of the Court of Appeal and the High Court -Whether amounts to abuse of court process. COURT – Abuse of court process – What constitute. |
IYALABANI COMPANY LIMITED V. BANK OF BARODA | COURT – Extension of time to appeal – Application for – General principles guiding grant of – What court should consider. COURT – Extension of time to appeal- Discretionary power of appellate court to grant – Scope of |
IYIOLA OGUNJUMO & ORS V. MURITALA ADEMOLU & ORS | COURT – DISCRETION OF COURT:- whether a court can grant declaration of right and if it can under what conditions |
IYIOLA OMISORE V. THE STATE | COURT – Application for bail – power of Judge to grant or refuse same – discretionary nature of. COURT – Case before court – effect of starting a case denovo before another Judge. |
IYOHO V. EFFIONG | COURT:- High Court – Period allowed for Appeal in Order 43 of the High Court Procedure Rules of Cross River State – Whether must expire before appellant can seek the remedy of Judicial Review particularly that of certiorari |
J. A. OBANOR AND CO. LTD. V. CO-OP. BANK LTD. | COURT – Equitable remedies – Discretionary nature of – When will be invoked by court. |
J.D. INNEH V. OBARAYE | COURT:- Visit to the locus – Whether any duty on a judge to make detailed notes on the view of the Locus. |
J. O. ODUNSI V. THE UNITED NIGERIA MORTGAGE INVESTMENT CO. LTD. | COURT – Judgement given in favour of plaintiff in default of defence by defendant – Subsequent application by defendant to set aside judgement – Principles guiding. |
J.C.C. INTERNATIONAL LIMITED V. NIGERIAN GENERAL INSURANCE CO. LTD. | COURT – Rules of court – need to obey same. COURT – Proper service of court processes – Whether has any effect on the jurisdiction of the court. |
J.NAHMAN V. IBADAN DISTRICT COUNCIL | COURT:- Federal Supreme Court – Power of to hear and determine appeal – Section 5A (2) of the Federal Supreme Court (Appeals) Ordinance – Interpretation of COURT:- Power of Federal Supreme Court to validate a nullity by retrospective order in proper cases. |
J.S. OLAWOYIN V. COMMISSIONER OF POLICE | COURT – High Court – Appellate Jurisdiction – Number of judges required to properly constitute the appellate division of the court – effect of failure thereof |
JACOB BANKOLE & ORS V. AMODU TIJANI DADA | COURT – DISCRETION OF A TRIAL JUDGE:- Principle to guide the Trial Judge on exercise of judicial discretion of granting or refusing application for amendment – When such exercise of discretion can be interfered with by an Appellate Court |
JADESIMI V. FRED EGBE | COURT – SUPREME COURT – JUDGMENT:- Extra-judicial Agreement and a subsequent Supreme Court judgment – Where agreement had the same parties and relate to the same subject matter – Where agreement envisaged the Supreme Court judgment – Enforceability of same – Whether Supreme Court judgment invalidates the agreement – Relevant considerations COURT – EQUITABLE JURISDICTION – MAXIMS:- – Equity looks at intent rather than form – Equity will not allow the law to be used as an engine of fraud – application of |
JALINGO V. NYAME | COURT ‑ Evaluation of evidence ‑ Duty on trial court in respect thereof |
JALO TSAMIYA V. BAUCHI NATIVE AUTHORITY | COURT – CUSTOMARY COURT – Native Courts – History of. |
JALOGHO V. THE QUEEN | COURT – Magistrate in a trial later becoming the prosecutor of the same case – propriety thereof – Whether vitiates trial. |
JAMES AEMBERGA GBANDE & ANOR V. CHRISTOPHER AFAOR & ORS | COURT – JURISDICTION:- Whether a court has the jurisdiction to hear an election petition outside the 180 days provided by the electoral act |
JAMGBADI V. JAMGBADI | COURT – Trial Court – Misdirection – Trial court failing to consider allegation supporting claim before it – Effect – Duty of appeal court |
JATAU V. MAILAFIYA | COURT:- Duty on to decide issues raised by the parties and not to go outside their claims to grant reliefs not claimed |
JEGEDE V. GIWA AND OTHERS | COURT – EQUITABLE JURISDICTION:- When court will not allow the use of technicality to defeat a just claim – COURT:- Equitable reliefs – When court will grant a relief not sought by parties before it – When it is in the interest of justice to make an order which will not debar a party forever from pursuing his just claims COURT:- When Court should strike out a case instead of dismissing it – Equitable justifications |
JUDGMENTS OF NIGERIAN COURTS | |
By Substantive Areas | By Litigation/Procedure Areas |
CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO COURT PRACTICES AND PROCEDURES (5)
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES