PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
FIND JUDGMENTS BY:
CASES OF NIGERIAN COURTS ON “JUDGMENTS AND ORDERS” (PRACTICE AND PROCEDURE) ISSUES
[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 |
| EZEONU V. AGHEZE | JUDGMENT AND ORDER -Judgment not appealed against-Presumption raised in respect thereof. JUDGMENT AND ORDER – Notice of discontinuance – Plaintiff filing notice – Proper order to make -Dismissal or striking out. JUDGMENT AND ORDER – Order of re-trial -Lower court striking out case for discontinuance – Whether disobedience to superior court |
| EZEONWU V. ONYECHI | JUDGMENT AND ORDER – “Consequential order” – Meaning of – Scope of. JUDGMENT AND ORDER – Order XLVII rule 2 of Federal High Court (Civil Procedure) Rides. 1970 – Interpretation of – Nature of order envisaged there – Whether limited to consequential order. JUDGMENT AND ORDER – Point on which parties were not heard – Decision thereon by court suo motu – Propriety of – Effect off. |
| EZEWUIHE IKOKU & ORS V. REUBEN EKEUKWU & ORS | JUDGMENT AND ORDER – FINAL JUDGMENT: nature of final judgment of a competent court on issues already decided as against the parties or prives JUDGMENT AND ORDER – DECISION OF THE COURT: whether it is every remark and observation of the court that qualifies as a decision |
| F. C. D. A. V. SULE | JUDGMENT AND ORDER – Finding of court – Validity of until set aside: |
| F.S.B. INTERNATIONAL BANK LTD. V. IMANO NIGERIA LTD. & ANOR. | JUDGMENT AND ORDERS:- Summary judgment – statement of defence filed after commencement of proceedings under Order 10, Rule 3 of the High Court (Civil Procedure) Rules, Lagos State 1972 – whether court bound to look at same. |
| FABUNMI V. OYEWUSI | JUDGMENT AND ORDER ‑ Judgment of court of competent jurisdiction ‑ Validity thereof until set aside. |
| FADA V. NAOMI | JUDGMENT AND ORDER – Setting aside of judgment – when a court can set aside it’s own judgment. |
| FATUNBI V. OLANLOYE | JUDGMENT AND ORDER – Judgment of court – Judgment appealed against- Error therein – Whether every error fatal. JUDGMENT AND ORDER- Reliefs -Relief not claimed- Whether court will grant. |
| FAWEHINMI V. AKILU (CA1) | JUDGMENT AND ORDERS:- Judgment of appellate courts – Whether must be squarely within the grounds of appeal and issues for determination. |
| FEDERAL MORTGAGE BANK OF NIGERIA V. ENGR. JOHN OSA UWADIALE | JUDGMENT AND ORDER – Delivery of judgment where there is a pending application challenging the jurisdiction of court: Whether a Trial Judge can ignore an application challenging the jurisdiction of Court to entertain a matter and proceed to take evidence and give judgment on the same day; effect of delivering two judgments in a matter |
| FEDERAL REPUBLIC OF NIGERIA V. MAGAJI IBRAHIM & ANOR | JUDGMENT AND ORDER – JUDGMENT WRITING: Rule that judgment writing is an art and each Judge is entitled to and free to follow his style – Minimum requirement – Need for a judge regardless of preferred style to show a clear understanding of the facts and issues raised in the case, the law applicable and from all these he should be able to arrive at a conclusion |
| FELIX CHINDA V. AMADI | JUDGMENT AND ORDER – Subsisting judgment of court – whether a party can claim an interest in land contrary to terms of subsisting judgment. |
| FELIX DICKSON V. CHIEF MARCUS OKOI & ORS | JUDGMENT AND ORDER – Subsisting judgment of court – whether a party can claim an interest in land contrary to terms of subsisting judgment. |
| FEMI SOETAN & ORS. V. STELIZ LIMITED & ANOR. | JUDGMENT AND ORDER – Onus on the party complaining to satisfy the Court that the failure of the trial Court to deliver its judgment within three months from the date of the conclusions of evidence and final address as required under section 258 (1) now 294 (1) had occasioned a miscarriage of justice |
| FINIMA VENTURES LIMITED & ANOR V. CHIEF YOUNG S. TOBIN & ORS | JUDGMENT AND ORDER – ORDER FOR PAYMENT OF A SUM: Application for payment of claimed sum of money into court – Basis of – Section 5 of the Rivers state high court rules – Whether can come by way of an interlocutory proceeding |
| FIRST AFRICAN TRUST BANK LTD V. PARTNERSHIP INVESTMENT CO. LTD | JUDGMENT AND ORDER- Judgments of the trial Court and Court of Appeal- When Supreme Court will interfere. |
| FIRST BANK OF NIGERIA PLC V. MAY MEDICAL CLINICS AND DIAGNOSTIC CENTRE LIMITED | JUDGMENT AND ORDER – Re-trial order – Rules governing – When it will made. |
| FIRST BANK OF NIGERIA PLC V. MRS DIBO ABOKO | JUDGMENT – DAMAGES:- Award of damages by trial court – factors court must consider – When appellate court will interfere therewith. |
| FIRST BANK OF NIGERIA PLC V. ALEXANDER N. OZOKWE | JUDGMENT AND ORDER – PERVERSE DECISION: What is a perverse decision |
| FIRST BANK OF NIGERIA V. IFIOK EYO I. AKPAN & ANOR. | JUDGMENT AND ORDER – SETTING ASIDE OF COURT JUDGMENT: Circumstances where a Court may set aside its judgment |
| FOINTRADES LIMITED V. UNIVERSAL ASSOCIATE COMPANY LIMITED | JUDGMENT AND ORDER – Default judgment and judgment on the merits – meaning of – distinction between. JUDGMENT AND ORDER – Default judgment – whether there is a limit to the operation of estoppel to default judgment. |
| FOLORUNSO OLUSANYA V. ADEBANJO OSILEYE | JUDGMENT AND ORDER – Declaratory orders – discretionary power of court to grant same. |
| FOMBO V. RIVERS STATE HOUSING AND PROPERTY DEVELOPMENT AUTHORITY | JUDGMENT AND ORDERS – ORDER FOR RETRIAL:- Court of Appeal –Evaluation whether a Plaintiff’s claims disclosed a reasonable cause of action – whether a prerequisite for making an order for a retrial |
| FORSON V. CALABAR MUNICIPAL GOVERNMENT | JUDGMENT AND ORDER – Judgment of court – Where obtained by fraud – Whether court is competent to set aside same even where issue of jurisdiction is properly raised. |
| FRANCHAL NIGERIA LTD. V. NIGERIA ARAB BANK LTD. | JUDGMENT AND ORDER – Order for stay of execution pending appeal – Discretionary nature of. JUDGMENT AND ORDERS:- Judgment creditor – Denial of the to fruits of his litigation – When can be substantiated. |
| FRED EGBE V. HONOURABLE JUSTICE BABATUNDE BELGORE | JUDGMENT AND ORDER – Doctrine of stare decisis – Operation of |
| FRIDAY KAMALU & ORS V. DANIEL NWAKUDU UKA UMUNNA & ORS | JUDGMENT AND ORDER – JUDGMENT OF COURT: Effect of Judgment of Court |
| G. CAPPA PLC V. ABMINE AND SONS (NIG) LTD | JUDGMENT AND ORDER – “Judgment on the merit” – what constitutes same – judgment obtained under the undefended list procedure – whether is a judgment on the merit or a default judgment. JUDGMENT AND ORDER – Judgment on the merit – proper mode of challenging same. |
| GALAXIA MARITIME SA V. MINERALIMPORTEXPORT THE ELEFTHERIOS | JUDGMENT AND ORDERS:-Injunction – Interlocutory – Mareva Injunction – Justification – Danger that defendant may transfer assets out of jurisdiction – Injunction restraining removal of assets out of or disposal within jurisdiction – Protection of interests of innocent third parties – Relevant considerations |
| GALLIE V. LEE AND ANOTHER | JUDGMENT AND ORDERS:- Judicial decision as authority – Stare decisis – Court of Appeal – Court of Appeal overriding own decisions. |
| GARUBA V. KWARA INVESTMENT COMPANY LTD. | JUDGMENT AND ORDER:- Reliefs – Relief not claimed by party at trial court – Whether appellate court can grant. JUDGMENT AND ORDER:- Reliefs- Termination of employment -Reliefs therefor – Claim of reinstatement by servant-Attitude of court thereto. |
| GBADEBO SHITTU OLOWOAKE V. YEKINNI SALAWU | JUDGMENT AND ORDER – Judgment against weight of evidence – what it connotes. |
| GBAFE V. GBAFE | JUDGMENT AND ORDERS:– APPEAL – Judgment of court – Slip therein – Whether every slip will result in its being set aside on appeal – Relevant considerations. |
| GBANIYI OSAFILE V. PAUL ODI | JUDGMENT AND ORDERS:- Nullified judgment – Whether retains any legal consequence – Whether citable in court as the opinion of the court that delivered it – Reliance on the opinion expressed therein How raised – Whether court should take judicial notice of every document including a nullified judgment, in its registry – Dictum of Lord Denning in Macfoy V. United African Company Ltd. (1961) 3 W.L.R. 14005 (PC.) considered. |
| GEORGE OKEGBE V. NNADI CHIKERE | JUDGMENT AND ORDER – Non-suit orders – whether available to a plaintiff found not to have a standing –applicable principles. JUDGMENT AND ORDER – Scope of Slip rule – whether extends to correction of error made by counsel. |
| GIDRXSLME SHIPPING CO LTD V. TANTOMAR-TRANSPORTES MARITIMOS LDA | JUDGMENT AND ORDER:- Pre-trial or post-judgment reliefs – Mareva injunction – Discovery in aid of injunction – Arbitration award – Post-award injunction restraining removal of assets out of or disposal within jurisdiction – Worldwide disclosure order – Whether court having unlimited jurisdiction to order disclosure of assets to facilitate enforcement of award – Whether scope of disclosure order limited to extent of Mareva relief – Arbitration Act 1950, s12(6)(f)(h) – Supreme Court Act 1981, s 37(1). |
| GODWIN CHUKWUMA V. THE FEDERAL REPUBLIC OF NIGERIA | |
| GOVERNOR OF OYO STATE & ANOR. V. CHIEF AKIN AKINYEMI | JUDGMENT AND ORDER – INTERLOCUTORY ORDER: Whether an interlocutory order is the proper remedy for an act which has already been carried out |
| GOVT. OF MIDWEST STATE V. MID-MOTOTHERS NIG. CO. LTD. | JUDGMENT AND ORDER: Judgment given without hearing defence claim – Application for substitution -Principle of natural justice – Fair hearing – How treated |
| GREEN V. GREEN | JUDGMENT AND ORDER – Injunction – Propriety of granting an injunction when the substantive right had not been established. JUDGMENT AND ORDER – Plaintiff failing to prove his case – Proper order for the court to make. |
| GROBBELAAR V. NEWS GROUP NEWSPAPERS LTD and ANR | |
| GROSVENOR CASINOS LTD V. GHASSAN HALAOUI | JUDGMENT AND ORDES – FOREIGN JUDGMENT:- Judgment debtor – Where neither carrying on business, nor ordinarily resident in the country within the jurisdiction of the original Court, nor appeared or otherwise submit to or agree to submit to the jurisdiction of that Court – Whether judgment arising from such foreign court can be registered against him in Nigeria JUDGMENT AND ORDER – FOREIGN JUDGMENT: Applicable law on registration of foreign judgment in Nigeria – When foreign judgment cannot be validly registered in Nigeria Relevance of Reciprocal Enforcement of Judgments Act, Cap. 175 of Laws of the Federation 1958 and (2) Foreign Judgments (Reciprocal Enforcement) Act, Cap. 152, Laws of the Federation 1990 – Whether the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 152 of 1990) did not specifically repeal the 1958 Ordinance – Effect |
| GUFFANTI (NIGERIA) PLC V. PIDRELLA INSTALT – VADUZ & ORS | JUDGMENT AND ORDER – FUNCTUS OFFICIO: Whether once a case is dismissed the court becomes functus officio in that matter |
| H.N.O AGEDAH V. CHIEF R.O. NKWOCHA | JUDGMENT AND ORDER – Judgment of trial court – without evidence |
| H.R.H. EZE DR. FRANK ADELE EKE V. MR. GODFREY CHIZIEZE OGBONDA | JUDGMENT AND ORDER – AN ORDER: Whether there is a distinction between an order which, even if erroneous in law or in fact is within the court’s competency |
| HARBOUR V. ERONINI | JUDGMENT – Federal Supreme Court – Correction of misinterpretation of its own judgment – Power of. |
| HARKA AIR SERVICES (NIG.) LIMITED V. KEAZOR ESQ. | JUDGMENT – DAMAGES:- Award of Damages – Whether essentially the duty of a trial court and will not be interfered with unless certain circumstances exist – Relevant considerations JUDGMENT AND ORDER:- Awarding Judgment in Foreign Currency – Whether courts in Nigeria can claim jurisdiction to entertain and determine cases where sums in foreign currency are claimed – Justification |
| HARRIMAN V. HARRIMAN | |
| HASSAN V. JAURO | JUDGMENT AND ORDER – Court making an order not claimed by parties – whether proper. JUDGMENT AND ORDER – Order for retrial – when an appellate court will make same. |
| HOME DEVELOPMENTS LTD. V. SCANCILA CONTRACTING CO. LTD. | |
| HON. BABANGIDA S. M. NGUROJE & ANOR V. HON. IBRAHIM TUKUR EL-SUDI & ORS | JUDGMENT AND ORDER – what Judgment of a Court must demonstrate |
| HON. CHRISTIAN O. AGA & ORS. V. JEREMY C. ONAH & ORS | JUDGMENT AND ORDERS:- Test for the determination of the question whether a decision of a court is final or interlocutory-whether court will suo motu overrule itself in the same proceedings |
| HON. SANI SHA’ABAN & ANOR. V. ALHAJI NAMADI SAMBO & ORS. | JUDGMENT AND ORDER – duty of a person who conjectures that a judgment is a nullity |
| HOPE DEMOCRATIC PARTY [HDP] V. MR. PETER OBI & ORS | JUDGMENT AND ORDER – DECISION OF COURT: Circumstances under which a court can set aside it’s judgment |
| HOPE UZODINMA V. SENATOR OSITA B. IZUNASO & ORS | |
| I . G OF POLICE V. GEORGE | JUDGMENT – Case stated – Stating question of law for the Supreme Court’s determination – Practice to be adopted. |
| I.B.W.A. LTD V. UNAKALAMBA | JUDGMENT AND ORDER – Order of non-suit – When it will be made – Duty on court to hear parties before taking. |
| I.T. ADENUGA V. ILESANMI PRESS AND SONS (NIG.) LTD. | JUDGMENT AND ORDER -,lodgment of trial Court – Wrongful admission of evidence – Whether sufficient to upset |
| IBADAN CITY COUNCIL AND ANOTHER. V. AJANAKU | JUDGMENT – DAMAGES – Damages – Principles governing interference by appellate court. |
| IBUM OLUMBA V. THE REG. TRUSTEE, BROTHERHOOD OF THE CROSS & STAR | JUDGMENT AND ORDER – AWARD OF COST:- Justification – Justice demands that upon withdrawal or discontinuance of an originating summons or processes the defendant should be recouped – whether generally the award of cost is at the discretion of the learned trial Judge – Order 24 rule 1(3) of the Rules of the High Court – Upon withdrawal or discontinuance after a defence had been filed – whether the respondent/defendant is automatically entitled to the cost proved up to the stage of the withdrawal or discontinuance |
| IDAKULA V. RICHARDS | JUDGMENT AND ORDER:- Interests -Types of interests usually awarded by court. JUDGMENT AND ORDER:- Post judgment interest – Discretion of court to award – Limit thereto – Order 10 rule 7 of the High Court (Civil Procedure) Rules of Plateau State, 1987 JUDGMENT AND ORDER:- Pre-judgment interest-Source of – When court will award – When it will rat. |
| IFEANYI CHUKWU (OSONDU) CO. LTD. V. SOLEH BONEH (NIG.) LTD | JUDGMENT AND ORDER:– Award of damages against joint tortfeasors – Effect thereof. |
| IGBINOKPOGIE V. OGEDEGBE | JUDGMENT AND ORDER:- Terms of settlement – Bindingness of. |
| IGBOKWE V. UDOBI | JUDGMENT AND ORDER ‑ Declaratory judgment ‑ Nature of JUDGMENT AND ORDER ‑ Declaratory judgment ‑ Power of trial court to make ‑ Whether confined only to cases where the plaint ff has a subsisting cause of action. |
| IHENACHO V. UZOCHUKWU | JUDGMENT – DAMAGES -Award of damages by trial court -Attitude of appellate court thereto – When it will interfere therewith – Relevant guiding principles. |
| IJALE V. A.G. LEVENTIS AND CO. | JUDGMENT AND ORDER – Enforcement – Condition for same. |
| IKEAGWU V. NWAMKPA | JUDGMENT AND ORDER:- Two or more conflicting judgments – Which would constitute res judicata. |
| IKENNA V. BOSAH | JUDGMENT AND ORDER:- Judgment of Supreme Court – Enforcement of – Where and how enforced – Whether enforceable by way of appeal. |
| IKONO LOCAL GOVERNMENT V. DE BEACON FINANCE & SECURITIES LTD. | JUDGMENT AND ORDER:– Failure of trial Judge to consider an essential issue between parties before reaching a decision – whether decision can be allowed to stand. |
| IKORO V. GOV. E.R. | JUDGMENT AND ORDER – CERTIORARI:- Refusal of – Whether the fact that order to be quashed is a nullity should be a barrier to granting of certiorari. JUDGMENT AND ORDER – CERTIORARI – Senior District Officer acting without jurisdiction – Confirmation of by Governor – Effect. |
| IKORO V. SAFRAP (NIG.) LTD. | JUDGMENT AND ORDERS:- Order of Non-Suit – Where not requested by parties – Where plaintiff failed to prove case – Appropriate order – Whether dismissal or non-suit – Where trial Judge non-suit case suo motu without hearing parties – Propriety |
| IKWAM V. COMMISSIONER OF POLICE | JUDGMENT AND ORDERS:- Ruling – Duty of counsel thereof in relation to appeal. |
| ILAMI ARUGU & ORS V. RIVERS STATE INDEPENDENT ELECTORAL COMMISSION & ORS | JUDGMENT AND ORDER:– Whether a judge is bound by the judgment of another court of co-ordinate jurisdiction – Effect of a judgment in rem – Validity of an order of a court of competent jurisdiction |
| ILOEGBUNAM V. ILOEGBUNAM | JUDGMENT AND ORDER – Orders of court – need to obey same – whether courts should encourage disobedience to its orders by entertaining an application from a party in disobedience to it’s orders. |
| ILONA V. IDAKWO | JUDGMENT & ORDER:- Relief not claimed – When Court can grant same. |
| ILORIN WEST LOCAL GOVERNMENT V. ALH. MEMUDU JIMOH ORIRE & ORS | JUDGMENT-test whether a decision is final or interlocutory |
| IMB PLC V. COMRADE CYCLE CO. LTD. | JUDGMENT AND ORDER:- Claim for monetary sum – Admission of part thereof by defendant – Power of court to enter judgment in limine in the sum admitted. |
| IMOLOAME V. WEST AFRICAN EXAMINATIONS COUNCIL | JUDGMENT AND ORDERS:- Damages – Damages for wrongful termination of employment – how assessed. Judgment -Court awarding a relief not sought by a party – impropriety of Specific Performance -Specific performance of a contract of service – refusal of- exception to |
| In Re ADEOSUN | JUDGMENT AND ORDER – Appeal pending in the Sup rem e Court – Where party thereto dies – Effect on appeal – Consequential order to make – Whether one of dismissal or striking out – Order 8, rule 9(5) of Supreme Court Rules considered. |
| INAJO AND FOUR OTHERS V. THE STATE | JUDGMENT AND ORDERS:- Contents of judgment – Judgment of conviction -“They are guilty and I convict them as charged” – Whether sufficient compliance by trial judge with Criminal Procedure Code, s.269(2) on charge of culpable homicide punishable with death . JUDGMENT AND ORDERS:- Judgment in criminal proceedings – Multiple verdicts and separate verdict – Whether omnibus verdict given to accused persons together does not occasion failure of justice under Criminal Procedure Code, s.382 – Relevant consideration |
| INGOSSTRAKH INSURANCE COMPANY LIMITED V. FIOGRET LIMITED & ORS | JUDGMENT AND ORDER – DEFAULT JUDGMENT:- Considerations for setting aside default judgment – Where it can be shown that the judgment was obtained by fraud practiced by one of the parties – Where there are good reasons for the applicant’s failure to appear at the hearing of the case in which judgment was entered in his absence – Whether the party in whose favour the judgment subsists would be prejudiced or embarrassed if an order of re-hearing of the suit were to be made thus rendering such a course inequitable – Whether there has been undue delay in making the application – Whether the applicant’s case is manifestly unsupportable – Whether the applicant’s conduct throughout the proceedings had been such as to make his application worthy of a sympathetic consideration |
| INTERCONTRACTORS NIGERIA LTD V. U.A.C. OF NIG. LTD. | JUDGMENT AND ORDERS:- Stay of execution – Application for stay – Nature of application – Principles guiding grant – What an applicant must prove – Principle of “incidence of a certain legal occurrence” – Meaning of – Application by third party for stay of execution – Effect – ‘Remedy of judgment creditor – Section 16, Sheriff and Civil Processes Law. |
| INTEGRATED DIMENSIONAL SYSTEMS LTD V. AFRICAN INTERNATIONAL BANK LTD | JUDGMENT AND ORDER – Interest awarded by court – rate of interest that may be awarded by a court after the due date of a credit facility pursuant to order 40 rule 7 of the Oyo State High Court (Civil Procedure) Rules 1988. |
| INTERNATIONAL BEER AND BEWERAGES INDUSTRIES LIMITED & ANOR V. MUTUNCI COMPANY (NIG) LTD. | JUDGMENT – JUSTICE – MISCARRIAGE OF JUSTICE: Connotation of Miscarriage of Justice |
| INTERNATIONAL MESSENGERS NIG. LTD. V. ENGINEER DAVID NWACHUKWU | JUDGMENT AND ORDER -Reliefs-Relief not claimed-Whether court can grant. |
| INTERNATIONAL OFFSHORE CONSTRUCTION LTD V. SHORELINE LIFTBOATS NIGERIA LTD | JUDGMENT AND ORDER – Arrest of judgment – Application for-Attitude of court thereto – Relevant considerations. JUDGMENT AND ORDER – Award of interest – Interest on judgment sum – Award of – Basis or rationale therefor |
| INTERNATIONAL TEXTILE INDUSTRIES (NIGERIA) LIMITED V. ADEREMI | JUDGMENT AND ORDER – Declaratory relief – Nature of – Need to relate to a legal interest. JUDGMENT AND ORDER – Specific performance- Claim for alternative remedy of damages – Rationale for. JUDGMENT AND ORDER – Specific performance – Claim therefor- Implication of. |
| IPADEOLA V. OSHOWOLE | JUDGMENT AND ORDER:- Civil cases – Declarations – Containing statement of contravention of law prescribing penalty – Whether declaration amounts to finding of criminal guilt – State of mind of Judge and nature of action determining factor. |
| ISHOLA V. AJIBOYE | JUDGMENT AND ORDER – Order of non suit – When it appears appropriate for court to make – Procedure to follow. |
| ISHOLA V. SOCIETE GENERALE BANK (NIG.) LIMITED | JUDGMENT AND ORDER – Claim for interest – Onus on party claiming – Need to plead and prove entitlement thereto. JUDGMENT AND ORDER -Judgment of Court of Appeal -Judgment delivered by Justice of Court of Appeal after his appointment to the Supreme Court Bench – Validity of. |
| ISRAEL DISCOUNT BANK OF NEW YORK V. HADJIPATERAS AND ANOTHER | JUDGMENT AND ORDERS:- Conflict of laws – Foreign judgment – Enforcement – Public policy – Plaintiff commencing proceedings in New York court for repayment of moneys under guarantee – Defendant taking no steps to defend action in New York – Plaintiff obtaining judgment and seeking summary judgment in England – How treated |
| IYIOLA OMISORE V. THE STATE | JUDGMENT AND ORDER:– Judgment or order of court – whether court of co-ordinate jurisdiction has the power to set aside judgment made by another court of equal jurisdiction – exceptions thereto. |
| IYIOLA V. C.M.S. (NIG) BOOKSHOP | JUDGMENT AND ORDERS:- Execution for judgment-debt-judgment-creditor taking out writ of fieri facias in respect of judgment-debt-Court bailiff going on premises of judgment-debtor to levy execution-Servant of judgment-creditor pointing premises of judgment-debtor to bailiff-Bailiff sealing up shop of judgment-debtor to enforce payment-Action for damages for trespass on shop-Liability of court bailiff for wrongful execution. |
| IYOHO V. EFFIONG | JUDGMENT AND ORDER:- Judgment of High Court – When the remedy of Judicial Remedy particularly certiorari applies – Order 43 of the High Court Procedure Rules of Cross River State |
| J.D. INNEH V. OBARAYE | JUDGMENT AND ORDERS:- Costs – Award of “exemplary costs” – When proper |
| JACOB BANKOLE & ORS V. AMODU TIJANI DADA | JUDGMENT AND ORDER:- Liability for wrongful execution of judgment-debt -judgment-Creditor taking out writ of fieri facias in respect of judgment-debt – Court bailiff going on premises of judgment-debtor to levy execution – Servant of judgment-creditor pointing premises of judgment-debtor to bailiff – Bailiff sealing up shop of judgment-debtor to enforce payment – Action for damages for trespass on shop – Liability of court bailiff for wrongful execution. |
| JESSICA TRADING CO. LTD V. BENDEL INSURANCE CO. LTD. | JUDGMENT AND ORDER – Error in judgment-Whether every error in judgment of trial court will result in same being overturned on appeal. |
| JIMOH GARUBA V. ISIAKA YAHAYA | JUDGMENT AND ORDER – ESSENTIALS OF A JUDGEMENT: Whether what is essential in a judgement is that all evidence adduced must be considered |
| JINADU V. BABAOYE | JUDGMENT AND ORDERS:- Execution and Attachment-Interpleader Proceedings-Claimant in possession of goods at the time of seizure-Allegation by judgement creditor that judgement debtor had concealed goods in claimant’s shop-Whether onus on Claimant to prove ownership of goods. |
| JOE ADOLO OKOTIE-EBOH & ANOR V. MRS ALERO JADESIMI & ORS | JUDGMENT AND ORDER – STAY OF EXECUTION AND PROCEEDINGS: Principles guiding the grant or refusal of an application for stay of execution and stay of proceedings |
| JOE BEST ESTATE DEVELOPMENT AND PROPERTIES LIMITED | JUDGMENT AND ORDER:– Ex-parte orders – Need for caution in exercising the jurisdiction to grant same – Whether ex parte orders can be granted in favour of a person who was not a party and when the motion on notice had not been sighted by the court. JUDGMENT AND ORDER – “Funtus officio” – when does a Judge become funtus officio. |
| JOE GOLDAY CO. LIMITED V. CO-OPERATIVE DEVELOPMENT BANK PLC | JUDGMENT AND ORDER:– Reliefs – rule that court must not grant a party a relief that is not stated in precise and clear terms. |
| JOE UWAGBA V. FEDERAL REPUBLIC OF NIGERIA | JUDGMENT AND ORDER – COURT ORDER: Whether court orders must be lawfully and competently made before it can be obeyed |
| JOHN AKUJOBI NWABUEZE V. IBIOMA NWOSU | JUDGMENT AND ORDERS:- Stay of execution -Application conditions-Judicial discretion of trial court – Considerations – Special circumstances or collateral circumstances – Inherent matters – How determined. |
| JOHN AMABARA & ANOR. V. CUSTOMARY COURT, OPOBO & ORS. | JUDGMENT AND ORDER – QUASHING AN ORDER OF CERTIORARI: Need for an affidavit when an order to quash a judgment is before the court |
| JOHN AND DAN V. THE STATE | JUDGMENT AND ORDERS:- CHARGES AND SENTENCES: When two offences should be charged as one count – Relevance during sentencing – when sentences should run concurrently and not consecutively |
| JOHN V. OROPO | JUDGMENT AND ORDER – Judge confusing issues before him – Attitude of appellate court. |
| JOSEPH ADEBAYO OSAGUNNA V. THE MILITARY GOVERNOR OF EKITI STATE AND ORS | JUDGMENT AND ORDER – Appeal pending in the Sup rem e Court – Where party thereto dies – Effect on appeal – Consequential order to make – Whether one of dismissal or striking out – Order 8, rule 9(5) of Supreme Court Rules considered. |
| JOSEPH AFOLABI and ORS V. JOHN ADEKUNLE and ANOR | JUDGMENT AND ORDERS:- Consent judgment or order – Nature of – Trial judge deciding to either dismiss plaintiffs claim or enter non-suit and inviting counsel’s address solely on those alternatives – Concession by plaintiff to non-suit – Subsequent judgment entering non-suit not a consent judgment – Effect |
| JOSEPH TUMINI OGOLO V. CHIEF L.L.B. OGOLO | JUDGMENT AND ORDERS:- Default judgment – principles governing the grant of an application to set aside default judgment. |
| JOSIAH CORNELIUS LIMITED & ORS V. CHIEF CORNELIUS OKEKE EZENWA | JUDGEMENT AND ORDERS:- effect of judgement given by a court without jurisdiction. |
| JOSIEN HOLDINGS LIMITED & ORS V. LORNAMEAD LIMITED & ANOR | JUDGMENT AND ORDERS:- APPLICATION FOR STAY OF EXECUTION: Guiding principles for grant of stay of execution JUDGMENT AND ORDERS:- APPLICATION FOR STAY OF EXECUTION: What amounts to “special circumstance” |
| JOZEBSON INDUSTRIES CO. V. R. LAUWERS IMPORT-EXPORT | JUDGMENT AND ORDERS:- Where a party submits to judgment by admitting claim in whole or in part, the judgement is not a consent judgment. |
| JULIUS BERGER NIGERIA PLC & ANOR V. MRS. DOLAPO OGUNDEHIN | JUDGMENT AND ORDER – DAMAGES – GENERAL DAMAGES:- General principle for assessment of general damages – Matters for consideration in the assessment of general damages in personal injury cases – Bodily pain and suffering that the plaintiff underwent and that which may occur in the future – Whether or not such a plaintiff sustained permanent disability or disfigurement – Loss of earning caused by any such disability or disfigurement – Length of time the plaintiff spent in the hospital receiving treatment – Age, status and expectation of life of the plaintiff |
| JULIUS BERGER NIGERIA PLC & ANOR V. MRS. PHILOMENA UGO | JUDGMENT AND ORDER – DAMAGES – AGGRAVATED DAMAGES: – When awarded – As a species of compensatory damages in that their purpose is to compensate the plaintiff for the injury to his feelings of dignity and pride and not the injury sustained JUDGMENT AND ORDER – DAMAGES – ASSESSMENT OF DAMAGES: -General damages – Multiplier and multiplicand approaches – Whether approaches have been known to apply to Personal Injury cases and as well as Fatal Accident cases in Nigeria – Personal injuries cases – How the multiplicand is assessed – Fatal accident – Need to use a multiplicand which is an estimation of the annual value of the dependency – General and relevant considerations |
| JUWO V. SHEHU | JUDGMENT AND ORDER:- Decision of Court – Need to be based on issues raised by parties. |
| K. A. ONAMADE & ANOR. V. AFRICAN CONTINENTAL BANK LTD | JUDGMENT AND ORDER – ERROR IN JUDGMENT: Effect of error in Judgment |
| K. MAERTSCH & ORS V. OLA BISIWA | JUDGMENT – COURT – ORDER OF COURT:- An order made within jurisdiction – Whether not invalid or a nullity even if it is erroneous in fact or in law or even perverse – |
| KABO AIR LIMITED V. THE O’ CORPORATION LIMITED | JUDGMENT AND ORDER – FOREIGN JUDGMENT:- Proper procedure for setting aside a registered foreign judgment – Whether by petition and not by motion on notice – Whether one brought by way of motion on notice incurably defective |
| KALU MARK V. GABRIEL EKE | JUDGMENT AND ORDER – Judgment of court – Judgment given on the merits – When can be set aside by same court. JUDGMENT AND ORDER – Judgment obtained under undefended List – Nature of – Whether on the merits – Whether can be set aside by same court. |
| KAMALU V. UMUNNA | JUDGMENTS – of native courts – how it is interpreted – substance not form to be looked at |
| KARIBO V. GREND | JUDGMENT AND ORDER – Findings of facts – Failure of trial court to make where necessary – Course open to court of appeal -Proper order to make – What determines. |
| KASIOBI NWANKUDU V. ENOCK IFEZUO IBETO | JUDGMENT AND ORDER – whether an application to arrest judgment is known to our adjectival law and jurisprudence- minimum standards of a judgment- power of court on correction of orders –whether an error or slip in the judgment of a court can be corrected by that court |
| KASSIM V. EBERT | JUDGMENT AND ORDER – Order striking out suit with liberty to apply for re-listing – Effect of such order. |
| KASUNMU V. SCOTT AND OTHERS. | JUDGMENT AND ORDER:- Execution of judgments – Sale of land under writ of fifa – Purchaser of mortgagor’s interest – Whether takes subject to existing encumbrances – Sheriffs and Civil Process Act, s.50 |
| KHAWAM V. J.L.BOS | JUDGMENT AND ORDERS:- DAMAGES – Master and servant – Measure thereof. |
| KOTOYE V. NATHANIEL ADEDAMOLA BABALOLA KOTOYE | JUDGMENT AND ORDER – Power of Court to make grants or award – whether limited by plaintiff’s claim. |
| KUDU V. ALIYU | JUDGMENT – STAY OF PROCEEDINGS – Stay of proceedings pending appeal – Guiding principles – On what predicated – Where no valid appeal exists – Whether stay can be obtained |
| KYAURE CONSTRUCTION LTD. V. OLATUNJI AGBANA | JUDGMENT AND ORDERS:- |
| LABODE V. DR GODFREY OTUBU | JUDGMENT AND ORDER:- When an order of dismissal of the suit can neither be justified nor permitted under order 22 rule 4 of the High Court of Lagos State (Civil Procedure) Rules – Relevant considerations |
| LAMBERT SUNDAY IWUEKE V. IMO BROADCASTING CORPORATION | JUDGMENT AND ORDER -,. Default judgment – Whether can be entered in respect of claim for unliquidated damages. JUDGMENT AND ORDER – Final decision – Meaning of |
| LAMIKORO OJOKOLOBO AND ORS V. LAPADE ALAMU & ANOR | JUDGMENT – Upsetting previous decision – Supreme Court competent to receive argument and if satisfied to overrule its previous decisions. |
| LASISI AYANRINOLA AKAYEPE & ANOR. V. GANIYU AYANRINOLA AKAYEPE | JUDGMENT AND ORDER – ERROR IN JUDGMENT: Whether a judgment with an error that has not occasioned substantial miscarriage of justice ought to be dismissed |
| LATEEF SHOFOLAHAN V. THE STATE | JUDGMENT AND ORDER – FINDING OR DECISION OF A TRIAL COURT:- Where the trial Court took into consideration extraneous matters or where it shut its eyes to cogent facts before it – whether such finding or decision is perverse – duty of the Judge to hold the balance between the contending parties, and to decide the case on the evidence brought by both sides, and in accordance with the rules of the particular court and the procedure and practice chosen by the parties in accordance with those rules – need for trial court not to base decision to convict on unreliable evidence – need to uphold the standard of proof in criminal matters as proof beyond reasonable doubt: not one on a balance of probabilities, or preponderance of evidence |
| LAWAL V. SALAMI | JUDGMENT AND ORDER – Order of injunction – Where based on wrong principle of law – Attitude of appellate court thereto. |
| LAWAL V. IJALE | JUDGMENT AND ORDER:- Judgments – Execution of – Claim to attached property – Judgment debtors and claimant both members of the same family – Prima facie evidence that attached property, was family property – Claimant’s onus prima facie discharged unless judgment creditor proves the contrary |
| LAWANI ADESOKAN & ORS V. PRINCE MICHAEL OYETUNJI OKEYOYIN ADEGOROLU & ORS | JUDGMENT AND ORDER – STIPULATED PERIOD TO DELIVER JUDGMENT: Effect of Judgment delivered 3 Months after final address JUDGMENT AND ORDER – JUDGMENT DELIVERED ON APPEAL: The essential element of a valid judgment delivered on appeal |
| JUDGMENTS OF NIGERIAN COURTS | |
| By Substantive Areas | By Litigation/Procedure Areas |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS Constitution Federal Laws
CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS Constitution Federal Laws