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
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| TITLE | MAIN ISSUES |
| LAWANI V. DUROJAIYE | JUDGMENT – Costs-Award of-Principles applicable. JUDGMENT AND ORDER:- Surveyor’s cost – Award of – Principle applicable. |
| LAWRENCE OKAFOR V.FELIX NNAIFE | JUDGMENT AND ORDERS:- Application for stay of execution of a judgment – General rules guiding and governing the exercise of discretion to grant same JUDGMENT AND ORDER – STAY OF JUDGMENT:– Application for – Whether Unfair to allow unsuccessful party in trial to continue to act in relation to property which was adjudged as not being his own as if it is still his own because grounds of appeal contain arguable points of law – Application for stay of execution of a judgment – Not to be used as a substitute for obtaining judgment which court has denied. |
| LEBILE V. REGISTERED TRUSTEES OF CHERUBIM AND SERAPHIM CHURCH AND ORS. | JUDGMENT AND ORDER – Conclusion reached by a court – where it is correct – whether can be affected by the fact that it was arrived at on insufficient or even wrong reasons – conclusion of the Court of Appeal that the plaintiff’s suit was rightly dismissed – whether proper. |
| LEVENTIS MOTORS LIMITED V. G. C. S. MBONU | JUDGMENT AND ORDERS:—Default—Plaintiff’s error—Amount entered less than sum due—Setting aside—Motion by Plaintiff—Supreme Court (Civil Procedure) Rules OXXVIII. r.11. |
| LIMAN V. MOHAMMED | JUDGMENT AND ORDER – Consequential order- Meaning and connotation of – Scope of JUDGMENT AND ORDER – Proper order- Where trial court failed to consider case of a part),- Proper order appellate court should make. JUDGMENT AND ORDER -Reliefs – Inconsistent reliefs – Whether a party can claim. |
| LINGO NIG. LTD. V. NWODO | JUDGMENT AND ORDER – Order of court – order of conditional stay of judgment – variation of terms or conditions made thereunder – what is required of an applicant thereto |
| LONG-JOHN V. BLAKK | JUDGMENT AND ORDER – Concurrent judgments of lower courts – When Supreme Court will interfere therewith. |
| M. A. ALATISHE. V. H. R. SANYAOLU | JUDGMENT AND ORDERS:- Judge (i) dismissing plaintiff’s claim to land, (ii) finding that defendant is entitled to possession but refusing him judgment, and (iii) ordering plaintiff to pay value of land-Order invalid. |
| M.V DA QING SHAN V. ASSAN OIL MILLS LIMITED | JUDGMENT AND ORDER:- Error committed by trial court-Whether every error must lead to reversal of judgment – Relevant considerations JUDGMENT AND ORDER:- Judgment of court – Correct conclusions reached therein – Whether vitiated by wrong reasoning. |
| MACAULAY V. RAIFFEISEN ZENTRAL BANK OSTERREICH | JUDGMENT AND ORDER:-Enforcement of judgment- Foreign judgment- Registration of foreign judgment- Period within which foreign judgment is registered under the Reciprocal Enforcement of judgment Act and Foreign Judgment (Reciprocal Enforcement) Act. |
| MAFYAI KODEN V. MESHAK SHIDON | JUDGMENT AND ORDER –Judgment of court- Whether can be set aside by court of co-ordinate jurisdiction. |
| MAIKORI V. LERE | JUDGMENT AND ORDER:‑ Order of court ‑ Whether binding on non‑party to suit. |
| MAIKUDI ALIYU V. THE STATE | JUDGMENT AND ORDERS:- Conviction based on an oral judgment, which was later reduced into writing- Whether in contravention of Sections 268(1) and 269(1) of the Criminal Procedure Code -whether Judge becomes functus officio once an oral judgment is delivered |
| MAJOR HAMZA AL-MUSTAPHA V. THE STATE | JUDGMENT AND ORDER – TRIAL COURT:- Duty of a trial Court to interpret a situation as per the cold facts before it – what constitutes proper evaluation of evidence before a trial court |
| MALLAM ABUBAKAR ABUBAKAR & ORS. V. SAIDU USMAN NASAMU & ORS. | JUDGMENT AND ORDER:- How a decision is arrived at – Whether a decision without the reasons for same is a decision- Whether the rendering of the decision outside the sixty (60) days necessarily result in the decision being a nullity |
| MALLAM SAIDU AMORI V. YAKUBU IYANDA | JUDGMENT AND ORDER – CONSENT JUDGEMENT: Situations that may warrant the setting aside of a consent judgement by the court |
| MALLAM SIYAKA O. LAWAL (Obobahin of Ihima) & ORS V. ALHAJI M.J. IBRAHIM OHIDA & ORS | JUDGMENT AND ORDER – PERVERSE DECISION OF COURT:- When a decision of Court is perverse |
| MAMMAN V. GWANDU N. A. | JUDGMENT AND ORDERS: Order of Native Courts – Whether there is need for it to be signed – Inapplicability of 5.245 Criminal Procedure Ordinance. |
| MANAGEMENT ENTERPRISES LTD AND ORS V. JOHNATHAN OTUSANYA | JUDGMENT AND ORDER:- Judgment delivery- Whether proper to proceed to discuss law without making finding on any necessary fact as foundation. |
| MANHATTAN INVESTMENT LIMITED V. CO-OPERATIVE DEVELOPMENT BANK PLC | JUDGMENT AND ORDER – INTERLOCUTORY AND FINAL JUDGMENT: Distinction between interlocutory and final judgment of court |
| MAREVA COMPANIA NAVIERA SA V. INTERNATIONAL BULKCARRIERS SA | JUDGMENT AND ORDER – MAREVA INJUNCTION:- Interlocutory Injunction – Mareva – Justification of – Whether court has jurisdiction to grant injunction in advance of judgment – Supreme Court of Judicature (Consolidation) Act 1925, s 45(1) |
| MARTIN SCHROEDER V. MAJOR & COMPANY | JUDGMENT AND ORDER:- Claim for liquidated sums -Order 3 rules 4 and 5, High Court of Lagos (Civil Procedure) Rules – Default of appearance – Leave to sign judgment where writ specially endorsed – Order 10 Rule 1, – Application by summons to enter judgment – Rule 2, Order 10 – Judgment in error – How treated |
| MARTIN AGBASO V. IKEDI OHAKIM & ORS. | JUDGMENT AND ORDER – AN ERROR OF LAW AND ERROR ON THE FACE OF THE RECORD: Distinction between an error of law and an error on the face of the record |
| MASTER HOLDING (NIG) LIMITED & ANOR V. EMEKA OKEFIENA | JUDGMENT AND ORDER:– Essence of costs – Principle guiding the award of costs -Relevant considerations for the award of costs – Whether court can award to a claimant what he did not claim or prove – Whether a correct decision is affected by wrong reasons given in the judgment |
| MATARI V. DANGALADIMA | JUDGMENT AND ORDER -Presumption of regularity in respect of proceedings of court – What it assumes – When it will not arise. |
| MATTHEW OKECHUKWU ENEKWE V. INTERNATIONAL MERCHANT BANK OF NIGERIA LTD. & ORS. | JUDGMENT AND ORDER – DECLARATORY JUDGMENT: What is declaratory judgment? |
| MENAKAYA V. MENAKAYA | JUDGMENT & ORDER:- Judgment on an issue on which no evidence was adduced – Assessment and Awards – Need for court not to embark on assessment or make awards without evidence supporting such exercise – Propriety and consequence of JUDGMENT & ORDER:- Consent judgment – Meaning and validity of – Duty of a court when parties are not ad idem – Duty to hold a hearing and receive evidence before making any award |
| MERCANTILE GROUP (EUROPE) AG V. AIYELA AND OTHERS | JUDGMENT AND ORDER- INJUNCTION:- Mareva Injunction – Court granting Mareva injunction against first defendant and making disclosure order against fourth defendant requiring her to provide information about defendants’ assets – Evidence that fourth defendant mixed up in efforts of first defendant to defeat execution of judgment – Whether court ha jurisdiction to make disclosure order against fourth defendant – Supreme Court Act 1981, s 37(1). |
| MICHAEL IMODU AND NATIONAL INSTITUTE FOR LABOUR STUDIES V. SHAIDU NDA’J MALIKI | JUDGMENT AND ORDERS:- Proof of compliance with judgment of the Court – Relevant considerations |
| MICHAEL ODUNZE V. NWOLU NWOSU(CA) | JUDGMENT AND ORDER – Court making orders against entities not parties before it – propriety of. JUDGMENT AND ORDER:– Evaluation of evidence – Duty of trial court in respect thereof. JUDGMENT AND ORDER – Evaluation of evidence – When an appellate court is competent to evaluate evidence. |
| MICHAEL ODUNZE V. NWOLU NWOSU (SC) | JUDGMENT AND ORDER – Reliels – Reliefs not claimed – Duty on court not to grant. |
| MIN OF LAGOS MINES & POWER V. AKIN OLUGBADE | JUDGMENT AND ORDER:- Supreme Court decision – Finality – Whether can be reviewed |
| MISS HELEN EGBUCHE V. MR. PATRICK OKECHUKWU EGBUCHE | JUDGMENT AND ORDERS:- What determines whether a decision is final or interlocutory |
| MOBIL PRODUCING NIGERIA UNLIMITED V. SIMEON MONOKPO(2) | JUDGMENT AND ORDER – Judgment – When evidence has been led in a suit – Whether plaintiff can thereafter obtain judgment by motion- Order 28 and Order 38 rule 11, Federal High Court (Civil Procedure) Rules, 2000 considered. JUDGMENT AND ORDER – Judgment involving huge sum of money – Duty of court to be cautious in giving in limine. |
| MOBIL OIL (NIG.) LTD. V. AGADAIGHO | JUDGMENT AND ORDERS:- Application for stay of execution of court judgment – When granted |
| MOHAMMED V. HUSSEINI | JUDGMENT AND ORDERS::- Default judgment – Whether not a judgment on the merits -Rule that judgment remains valid until set aside – Whether applicable to default judgment – Court delivering default judgment – Whether not functus officio in relation to the case JUDGMENT AND ORDER:- Default judgment – How set aside – Power of court thereto – applicable principles – Discretionary nature of the power-Inherent and statutory powers involved – Whether such application to set aside abuse of process when applicant has filed notice of appeal against the judgment |
| MOHAMMED TUKUR V. MARYAM UMAR YAR’ADUA & ORS. | JUDGMENT AND ORDER – JUDGMENT NOT APPEALED AGAINST: Whether where the judgment of a lower Court is not appealed against, it subsists and remains valid |
| MOHAMMED V. HUSSEINI | JUDGMENTS AND ORDERS:- Default judgment – Whether remains valid until set aside – Whether not a judgment on the merits – Whether court which delivered same not functus officio JUDGMENTS AND ORDERS:- Default judgment – Application to set aside – Power of court thereto – Governing principles – Inherent and statutory powers involved – Whether application abuse of process when applicant has filed Notice of Appeal – Effect of application on Notice of Appeal earlier filed Applicability of the doctrine of election – Whether appeal not an alternative remedy to any proceedings in a court of law. |
| MOSES O. ODUWOLE AND ANOTHER V. SUNDAY SONIBARE AINA | JUDGMENT AND ORDER – Relief or claim not sought by parties – Duty of court not to grant or award same. JUDGMENT AND ORDER – Consequential orders – Scope of discretionary powers of courts to grant same under section 16 Ogun State High Court Law and Order 37(1) High Court (Civil Procedure) Rules Ogun State considered. |
| MOSHOOD V. BAYERO | JUDGMENT AND ORDER:- Errors arising from proceedings – Whether court has power to correct same at the time of delivering judgment – Proper forum to correct an error of law. |
| MOTUNWASE V. SORUNGBE | JUDGMENT AND ORDERS:- Injunction – Court’s discretion thereto – How exercised |
| MR AMAKU EFFIONG ENE V. CHIEF PAUL BASSEY ETIM | JUDGMENT AND ORDER – ENFORCEMENT OF JUDGMENT: Effects of bringing an action for enforcement of a judgment out of time |
| MR RAPHAEL JEGEDE V. MAYOR ENGINEERING COMPANY LIMITED | JUDGMENT AND ORDERS::- STYLE OF WRITING:- Whether it is not the duty of an appeal Court to interfere with a judgment merely on the ground of style – Whether style of writing Judgment is deemed peculiar to each Judge – When a judgment will be interfered with JUDGMENT AND ORDER – REVERSAL OF A JUDGMENT:- Where the finding or Judgment of a trial court is inconsistent, or does not arise, or flow from the evidence led and accepted – Duty of the Appellate Court to reverse the Judgment |
| MR. AYODELE IGBOKOYI & ORS V. ALHAJI RAHEEM ADETORO LAWAL | JUDGMENT AND ORDER – ENFORCEMENT OF JUDGMENT:- An order for the enforcement of a valid judgment of a Court of law – Need for same to address exactly what the judgment being enforced decided – Need to respect the principle that the exact terms of a judgment cannot be varied and must be enforced in exactly the same tenor as was determined – Effect of failure thereto |
| MR. CHARLES IKECHUKWU NWADIANI V. MS DORIS AMINA OLAYEMI UBOH & ORS. | JUDGMENT AND ORDER – WRITING JUDGMENT: Whether words should be carefully chosen when writing judgment |
| MR. JULIUS OGHENEVWEGBA BOBI V. MR. EDOJA RUFUS AKPODIETE & ORS | JUDGMENT AND ORDERS:- PERVERSE CONCLUSION:- Misapprehension of the substance of a party’s claim – Where such misapprehension causes a miscarriage of justice – Duty of appellate court to set same aside as perverse |
| MR. KAINJI ALUGE-OBIA V. MARTIN OKONTA & ORS. | JUDGMENT AND ORDER – DECLARATORY ORDER: Whether a declaratory order or judgment merely declares the rights of the parties |
| MR. KAMARU GBADEBO SHITTU V. KWARA STATE POLYTECHNIC, ILORIN & ORS | JUDGMENT AND ORDER:– Enforceability of judgment sum – Relevant considerations |
| MR. R.O. OGUNDAYOMI V. CHIEF AKINBOLU | JUDGMENT AND ORDER – BASIS OF COURT JUDGMENT: Whether the Judgment of Court must be based on the record of proceedings |
| MR. SULEMAN MAITO & ORS V. MADAM YEMISI OGUNBODEDE | JUDGMENT AND ORDER – JUDGMENT OF THE COURT: Judgment of a Court – Whether it subsists in perpetuity notwithstanding any error in law or facts therein, unless it is set aside or vacated by a court of competent jurisdiction |
| MR. TOYIN BAJELA OKO-OSI V. MRS. R. I. AKINDELE | JUDGMENT AND ORDER OF COURT:- Obedience to lawful orders of court as fundamentally a sine qua non to the good order, peace and stability of the Nigerian Nation, nay any nation for that matter – alternative to obedience of lawful court orders as brute self help and anarchy – Whether disobedience to an order of court should, therefore, be seen as an offence directed not against the personality of the judge who made the order, but as a calculated act of subversion of peace, law, and order in the Nigerian Society |
| MR. WABILLY NYIAM V. DR. (MRS.) ROSE OKO & ORS | JUDGMENT AND ORDER – SETTING ASIDE A JUDGMENT: The jurisdiction of a Tribunal to set aside its orders or ruling – whether confined to orders or judgments which are nullities – whether a Court or Tribunal is only competent to set aside her judgment or ruling delivered without jurisdiction conferred by the constitution or a statute |
| MRS. ENO UMO V. CECILIA UDONWA | JUDGMENT AND ORDERS – AWARD OF COST:- Factors court must consider in awarding costs – the summons fee – Duration of the case – Legal representation – expenses incurred by the successful party in the ordinary course of prosecuting the case – the value or purchasing power of the Naira at the time of the award – Need for court to consider all relevant factors JUDGMENT AND ORDER – AWARD OF INTEREST: Two circumstances when interest may be awarded in a case as of right – Where there is a Power conferred by statute to do so, the exercise of the Courts discretion – Factors to be considered – Whether court may not need to expressly state considerations used in coming up with final award – Whether decision on costs is necessarily arbitrary if the reasoning of the trial court on the matter was not recorded |
| MRS. COMFORT AKINMOSIN V. MRS. AJOKE MAKINDE & ANOR | JUDGMENT AND ORDER:- Proper order where party lacks locus standi – Whether dismissal of suit or striking out – Duty of appellate court where lower court ordered dismissal |
| MRS MB AMUSAN V. MR. DANIEL OBIDEYI | JUDGMENT AND ORDER:- When proper for an action on notice to be dismissed or struck out – Relevant considerations – Whether court has duty to make an order of dismissal where the application was heard on merit |
| MRS. COMFORT AKINMOSIN V. MRS. AJOKE MAKINDE & ANOR | JUDGMENT AND ORDER – DEFAULT JUDGMENT – LAND CASES: Where a party or his counsel decides to frustrate the hearing of court relating to land – Need for court to balance its desire to do justice with the consideration that land litigations are still very sensitive issues in most parts of Nigeria JUDGMENT AND ORDER – DELAY IN THE DELIVERY OF JUDGMENT: In the absence of any deposition by the appellant as to how alleged long delay in delivering a ruling occasioned a miscarriage of justice – Whether that alone would be sufficient ground to upturn the ruling – Section 294 (5) of the Constitution – When the decision of a court shall be set aside or treated as a nullity |
| MRS. FLORENCE O. CARRENA & ORS. V. CHIEF GAFARU AROWOLO & ORS | JUDGMENT AND ORDER – DECLARATORY OR EXECUTORY JUDGMENT: The end result of an action, whatever its nature and no matter how framed – whether a party who approaches the Court obtains the order he seeks and they may be declaratory or executory – meaning of executory orders – meaning of declaratory orders |
| MRS. FOLUKE MUDASIRU & ORS. V. A. O. KALU ONYEARU & ORS. | JUDGMENT AND ORDERS – FOREIGN JUDGMENT:- Registration of – Whether discretionary or as of right – Preconditions for registration of a Foreign Judgment in Nigeria – Grounds for setting aside of a registered Judgment |
| MRS. JOANA AMU V. MRS. EBUN AMU | JUDGMENT AND ORDERS:- Slip rule – Slip or error – Reversal of judgment. |
| MUSILIU TEWOGBADE V. SALIU AGBABIAKA | JUDGMENT AND ORDER – Order of court – Need to obey same. |
| N.A. WILLIAMS & ORS. V. HOPE RISING VOLUNTARY FUNDS SOCIETY | JUDGMENT AND ORDER:– Setting aside – Judgment obtained in the absence of one of the parties |
| N.E.P.A. V. ONAH | JUDGMENT AND ORDER:- Decision at Superior Court -Conflicting decisions of superior courts – Inferior court faced therewith – Option open to it-Which decision to follow. |
| N.W.R.D. LTD. V. JAIYESIMI | JUDGMENT AND ORDER – ‘Order’ and judgment’ -Similarity or dissimilarity – When recognisable. |
| NADI V. OSENI | JUDGMENT AND ORDER – Reversal of judgment by appellate court – type of error that would amount to same. JUDGMENT AND ORDER – Judgment of trial court – Appellate court’s duty not to set same aside simply on method of assessment of evidence or approach adopted to the entire case. |
| NAFIU RABIU V. KANO STATE | JUDGMENT AND ORDERS:- Appeal based on a complaint than an inference drawn by the trial court is absolutely unsupported by the evidence or that the decision is so manifestly unreasonable, that no reasonable tribunal could have come to that conclusion on the evidence – whether appeal raises an issue of law or fact |
| NAFAMA THIMNU V. UNION BANK OF NIGERIA PLC & ORS | – ESTOPPEL:- Issue estoppel – Purpose – As an impediment which bars a person from relitigating an issue which has been isolated and raised in a particular proceeding and has been finally determined in that proceedings – Condition for issue estoppel |
| NAKYAUTA V. THOMAS | JUDGMENT AND ORDER:- Civil Proceedings – Wrongful execution of judgment of court – Responsibility of bailiff who ordered execution – liability of auctioneer at execution sale |
| NASCO MANAGEMENT SERVICES LIMITED V. A. N. AMAKU TRANSPORT LIMITED | JUDGMENT AND ORDER – INTERLOCUTORY AND FINAL DECISION: The distinctions between an interlocutory and final decision of a court |
| NATIONAL ELECTRIC POWER AUTHORITY, NEPA V. ALLI | Perverse finding – Meaning of – Whether needs to be both against the weight of evidence and altogether against the evidence |
| NATIONAL ELECTRIC POWER AUTHORITY V. J.O. OSOSANYA | JUDGMENT AND ORDER – Decision of court – Perverse decision – What constitutes – Duty on appellate court in respect of |
| NDAYAKO V. JIKANTORO AND OTHERS | JUDGMENT AND ORDER – Judgment or order of court until set aside – Validity and bindingness of. |
| NDI OKEREKE ONYUIKE V. THE PEOPLE OF LAGOS STATE & ORS | JUDGMENT AND ORDER – LEGISLATIVE JUDGMENT: Meaning and Purport of legislative judgment – Why legislative judgment is deemed hostile to the law under the 1999 Constitution – Duty of courts to mow down legislative judgments – Whether a revolutionary enactment which is intended to overhaul and fast track the dispensation of justice is a legislative judgment |
| NELSON V. NELSON | JUDGMENT AND ORDER:- Cost of proceedings – When court in exercise of discretion may impose same upon solicitor – Relevant considerations JUDGMENT AND ORDER – MAREVA:- Wrongful grant of Mareva injunction – Liability of applicant in costs of proceeding for same – When Solicitors of applicant may become personally liable |
| NIGERIA AGIP OIL COMPANY LTD. V. PETER OGINI & ORS | JUDGMENT AND ORDER – METHODS OF ENFORCEMENT OF JUDGMENT: Distinction existing between execution and garnishee proceedings for the enforcement of a judgment |
| NIGERIA DEPOSIT INSURANCE CORPORATION V. UNION BANK OF NIGERIA PLC. & ANOR | JUDGMENT AND ORDER – BINDINGNESS OF COURT JUDGMENT – PRIVIES AND THIRD PARTIES: Whether previous proceedings are binding on privies of parties thereto – Effect of previous proceedings on third parties in new proceedings based on the same subject matter |
| NIGERIA ENGINEERING WORKS LTD V. DENAP LIMITED | |
| NIGERIA TOBACCO COMPANY PLC V. MR. F.O. OSIFESO | JUDGMENT AND ORDER:– Federal High Court lacking jurisdiction over a matter – appropriate order to make thereof – section 22(2) Federal High Court Act considered. |
| NIGERIA WATER RESOURCES DEVELOPMENT LIMITED V. A.K JAIYESIMI | JUDGMENT AND ORDER:- ‘Order’ and judgment’ -Similarity or dissimilarity – When recognisable. |
| NIGERIA-ARAB BANK LIMITED V. BARRI ENGINEERING NIGERIA LTD | JUDGMENT AND ORDER:- Judgment of court – Duty on Judge to give in public – Extent and scope of-Section 33(3) of the 1979 Constitution and Order 36 Rule 1 Lagos State High Court (Civil Procedure) Rules 1972 considered. JUDGMENT AND ORDER – Judgment of court – Whether part of hearing of a case – Whether can he given in Judge’s Chambers – Where given in Judge’s chambers – Whether valid – Oviasu V. Oviasu (1973) 11 S.C. 315 revisited: Oyeyipo V. Oyinloye (1987) 1 NWLR (Pt.50) 356 distinguished. |
| NIGERIAN NATIONAL PETROLEUM CORPORATION V. CLIFCO NIGERIA LIMITED | JUDGMENT AND ORDERS – ALTERNATIVE AWARDS:- Nature of – When may be considered – Whether necessarily must follow rejection of main claim JUDGMENT AND ORDERS – DAMAGES:- Special damages – Nature of – Duty of party claiming same to plead and lead evidence in proof – Effect of failure |
| NIGERIAN NATIONAL PETROLEUM CORPORATION V. FAMFA OIL LIMITED & ANOR. | JUDGMENT AND ORDERS– GRANT OF STAY OF JUDGMENT:- What court must take into account before it can grant or refuse a stay – Competing rights of the parties to justice – What applicant for sytay must show – Onus on the party – How discharged JUDGMENT AND ORDERS – GRANT OF STAY OF JUDGMENT:- What court must take into account before it can grant or refuse a stay – Evidence of financial strength or weakness of a successful litigant – When irrelevant – How negative |
| NIGERIAN SPANNISH ENGINEERING CO. LTD V. CHIEF E. I. NDUKAS EZENDUKA | JUDGMENT AND ORDER – Judgment allegedly obtained by fraud – need for fresh action to have same set aside. |
| NIGERIAN UNIVERSAL BANK LTD. & ORS. V. SAMBA PETROLEUM COMPANY LTD. | JUDGMENT AND ORDER – JUDGMENT ON MERIT AND DEFAULT JUDGMENT: When a judgment can be referred to a judgment on merit and default judgment |
| NKADO V. OBIANO | JUDGMENT AND ORDER – Judgment of court – How arrived at – What it must show – What appellate court faced therewith will consider. |
| NKUMA V. ODILI | JUDGMENT AND ORDER -Consolidated suits -Judgment there in – How written. JUDGMENT AND ORDER – Relief claimed in an action – Who determines – Whose duty to frame. |
| NMA DOGO V. THE STATE | JUDGMENT AND ORDER – Use by courts of the phrases “I believe” “I do not believe” in arriving at a decision – where such decision is not supported by credible evidence – whether such judgment is sustainable. |
| NNAMDI ENELI V. LION INVESTMENT CO. LTD. | JUDGMENT AND ORDERS: Undefended List/Order 10 proceedings – judgment entered thereunder – nature of – whether can be set aside by motion – proper procedure to challenge same. |
| NWANKWO V. NWANKWO | JUDGMENT AND ORDER:- Application or prayer before the court – When vague and imprecise – How treated |
| NYUFAM AUGUSTINE BASSEY EYO & ORS. V. NTUFAM OJONG OKPA & ANOR. | JUDGMENT AND ORDER – DECISIONS OF COURT: When the decison of a court can be said to be valid and subsisting |
| OBA AFOLAYAN ABIOYE V. OBA FELIX ABIDOYE | JUDGMENT AND ORDER – ORDER OF COURT: Proper order for a Court to make where it has no jurisdiction to entertain a suit and where a plea of estoppel is properly upheld |
| OBA JAMES ADELEKE & ORS. V. NAFIU ADEWALE LAWAL & ORS. | JUDGMENT AND ORDER – ORDER OF INTERLOCUTORY INJUNCTION:- When made – whether granted as a matter of course – short-term purpose of preventing irreparable injury to the petitioner prior to the time that the court will be in a position to either grant or deny permanent relief on the merit – land matters – necessity for the identity of the piece of land to be clearly put in place and known to both parties |
| OBA JIMOH OLADUNNI OYEWUNMI V. OBA SAMUEL ADEGBOYEGA OSUNBADE AND ORS. | JUDGMENT AND ORDER – Declaratory and injunctive orders – burden placed on a person applying for same. |
| OBA LAWAL IFABIYI V. CHIEF SOLOMON ADENIYI & 2 ORS | JUDGMENTS AND ORDERS – findings of facts – amounts to a nullity when not based on credible evidence. JUDGMENTS AND ORDERS:- relief not claimed -not proper for court to consider it- court lacks jurisdiction to make an order not sought by a party |
| OBAREKI V. THE STATE | JUDGMENT AND ORDERS:-Judgment – Delivery of judgment – Signature of judge – Criminal Procedure Law, s.245 – Need for judgment to be signed at time of pronouncing it – Whether a question of fact – Signature of order containing conditions of appeal made at same time as judgment – Whether satisfies requirement |
| OBASANJO V. YUSUF | JUDGMENT AND ORDER – Order of dismissal – Power of court to make – Need for caution in making same. JUDGMENT AND ORDER – Reliefs – Power of court to strike out part of reliefs claimed and dismiss other part. JUDGMENT AND ORDER – Reliefs – When relief claimed can be granted, refused or struck out. |
| OBASI BROTHERS MERCHANT COMPANY LIMITED V. MERCHANT BANK FOR AFRICA SECURITIES LIMITED (2005) (SC) | JUDGMENT AND ORDER – Discontinuance of action – Where plaintiff seeks to discontinue action – Proper order for court to make – What determines. JUDGMENT AND ORDER – Dismissal of action – Connotation and effect of – When will be treated as striking out. |
| OBAYAGBONA AND OTHERS. V. OBAZEE AND OTHERS. | JUDGMENT AND ORDERS:- Declaration that functions of Plot Allotment Committee contrary to finding of Local Government Adviser – Costs – Consequential orders. |
| OBAYIUWANA V. EDE | JUDGMENT AND ORDERS:- Setting aside previous judgment – Previous decision of court – Power of court to set aside its previous decision Competence of – When exercisable. |
| OBIOHA V. IBERO | JUDGMENT AND ORDER -Amendment and variation of judgment -Which court has jurisdiction so to do -Whether exercisable by same court that delivered the judgment – Extent and scope of “slip rule.” JUDGMENT AND ORDER -Amendment or variation of court judgment – Where sought – Proper procedure to follow. |
| OBMIAMI BRICK & STONE (NIG.) LTD. V. A. C. B. LTD. | JUDGMENT AND ORDER:- Decision of court – Need to give reasons therefor JUDGMENT AND ORDER:– Final Judgment – Giving of there there is no trial on merits – Propriety of |
| OBONG NSIMA UMOH & ANOR V. HON. ITA SOLOMON JAMES ENANG & ORS | JUDGMENT AND ORDERS:- Duty of all persons including the Appellants, authorities and courts, including apex court itself to enforce decision while extant |
| OBULOR V. LINUS WESO OBORO | JUDGMENT AND ORDER:– Decisions of trial court – When not based on pleadings and evidence adduced by parties – effect of |
| ODI V. OSAFILE(CA) | JUDGMENT AND ORDERS:- Order of rehearing – Effect thereof. |
| ODIBA V. AZEGE | JUDGMENT AND ORDER:- Award of damages – Object of – Principles governing JUDGMENT AND ORDER:- Exemplary. and aggravated damages – Distinction between – Principles governing award of each JUDGMENT AND ORDER – Perverse decision of a court – What amounts to |
| ODOFIN V. AGU | JUDGMENT AND ORDER – Consequential orders – Purport and scope of. JUDGMENT AND ORDER – Relief not claimed – Duty on court to refrain from granting. |
| ODOGU V. ATTORNEY-GENERAL OF THE FEDERATION AND OTHERS | |
| ODOGWU V. ASIWE | JUDGMENT AND ORDERS:- Civil Action – Application to withdraw on hearing date – Where Judge dismissed suit instead allowing withdrawal of application with costs – Duty of appellate court thereto |
| ODOGWU V. ODOGWU | JUDGMENT AND ORDER -Mandatory order of court-Order against party made to be carried out within specified period – Party appealing against order and applying for stay of execution within the specified period – When does time to carry out order begin to run. JUDGMENT AND ORDER – Stay of execution – Principles guiding grant or refusal of. |
| ODONIGI V. OYELEKE | JUDGMENT AND ORDERS:- ESTOPPEL – Estoppel per rem judicatam and issue estoppel – Operation of JUDGMENT AND ORDERS:- ESTOPPEL – Estoppel per rem judicatam and issue estoppel – Previous decision in criminal case – Whether can operate as estoppel in a subsequent civil case – Relevant considerations. JUDGMENT AND ORDERS:- ESTOPPEL – Res judicata – Principle or doctrine of – Application of |
| ODU V. THE STATE | JUDGMENT AND ORDERS:- Miscarriage of justice – When deemed to arise |
| ODUOLA AND OTHERS. V. NABHAN AND OTHERS. | JUDGMENT AND ORDERS:- Judgment containing findings adverse to plaintiffs’ claim and order of non-suit – Effect on subsequent similar claim – Non-suit – When appropriate – Effect. |
| ODUTOLA V. ODERINDE | JUDGMENT AND ORDER:- Decision of court on plea of res judicata raised in interlocutory proceedings – Nature of – Whether final or interlocutory. JUDGMENT AND ORDER – Decision or order of court – When final- What determines. |
| ODUTOLA V. PAPER SACK NIGERIA LIMITED | JUDGMENT AND ORDER – “Mesne profit” – Meaning of. |
| ODUWOLE V. LAGOS STATE DEVELOPMENT PROPERTY | JUDGMENT AND ORDERS:– Declaratory reliefs – Onus of proof – On whom lies – Burden required of plaintiff seeking declaratory reliefs |
| OGBECHIE AND OTHERS V. ONOCHIE AND OTHERS | JUDGMENT AND ORDERS:- Order of non-suit/striking out – When to be made – Duty, of appellate court as to findings of Lower court – Basis of an order of non-suit. |
| OGBOGU AND OTHERS V. NDIRIBE AND OTHERS | JUDGMENT AND ORDERS:- Interlocutory judgments – What constitutes. |
| OGBUOKWELU V. UMEANAFUNKWA | JUDGMENT AND ORDER:- Order of retrial and order of dismissal – Which is appropriate when party fails to establish his claim. JUDGMENT AND ORDER:- Retrial – Order of – When it will be made – Guiding principles. |
| OGED OVUNWO & ANOR V. IHEANYICHUKWU WOKO & ORS. | JUDGMENT AND ORDER – ORDER OF REHEARING:- When should the court order a rehearing of a case |
| OGEDENGBE V. BALOGUN | JUDGMENT AND ORDER:- Order of retrial – When it will be made – When it will not be made. |
| OGIAMIEN AND ANOTHER V. OGIAMIEN | JUDGMENT AND ORDERS:- Judge raising issue in his judgment and deciding same without hearing argument – Propriety of |
| OGOLO V. OGOLO | JUDGMENT AND ORDER:- Declaratory relief- Discretionary nature of. JUDGMENT AND ORDER:- Order of retrial – When should or should not be made. |
| OGOYI V. UMAGBA | JUDGMENT AND ORDER -Judgment of court – Where defendant’s case rejected – Whether plaintiff thereby entitled to succeed on his claim. JUDGMENT AND ORDER – Reliefs – Relief not claimed by party – Whether cowl (an grant. |
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