ACTION – NIGERIAN CASES ON LITIGATION/PRACTICE/PROCEDURE ISSUES – 3
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE |
MAIN ISSUES |
| AYONRINDE V. SCOTT |
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| AYUA V. ADASU |
ACTION:- Election petition ‑ Nature of |
| AZUIKE UME AND OTHERS V. ALFRED EZECHI AND OTHERS | |
| B. I. AIKABELI V. AFRICAN PETROLEUM PLC |
ACTION:– Cause of action – What determines it – Definition and meaning of ACTION – CIVIL LAW AND PROCEDURE:– Undefended list procedure – Admission of a liquidated debt in writing – Effect of. |
| B.E.E.O. INDUSTRIES (NIG) LTD V. MADUAKOH |
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B.G.C.C. V. SPETSAI (NO.2) |
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| BABA V. BABA |
ACTION:- Proceedings under Islamic law procedure – What constitutes admission of the facts of the issues raised – Whether refusal to take prescribed oath and concession of the asserted right of the opposing party regardless of motivation qualifies |
| ACTION – Commencement of action – condition precedent thereto – attitude of court thereto. | |
| BABATOLA V. ALADEJANA |
ACTION:- Parties to an action – Person not party to a suit – nether court will give judgment against. |
| ACTION:- ‘Locus standi’ to institute action – How to ascertain whether plaintiff has locus standi -Nature of interest required – How to show same.
ACTION:- ‘Locus standi’ to institute action – What it denotes. |
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| BABATUNDE V. PAN ATLANTIC SHIPPING AND TRANSPORT SERVICES |
ACTION:- Discontinuance of action – Application therefor _ Grant of- Principles guiding – Court seised therewith _ Duty thereon.- Where granted – Proper order for Court to make – What determines. ACTION:- Discontinuance of action – Leave therefor _ Whether automatic. ACTION:- Discontinuance of action – Procedure therefor _ When leave required – When not required – Effect in each case. |
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ACTION:- Putties to an action – Family property – Who can site to protect same. ACTION- Parties to an action – Joinder of parties – Failure to join a necessary party to an action – Whether fatal to the action – Relevant consideration – Order 13 rule 19 High Court of Lagos State (Civil Procedure) Rules, 1973 considered. ACTION:- Parties to an action – Necessary party – Who constitutes. |
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BACEHM (IBAFON CHEMICALS) LIMITED V. VISA INVESTMENT & SECURITIES LTD ANOR |
ACTION:- RULE OF PLEADINGS: The basic rule of pleadings |
| ACTION:- Declaratory action – Completion of the act complained against – Whether automatically puts an end to the action.
ACTION:- Declaratory action – Power of court to make declaratory order-Scope and extent of – When to grant – When not to grant. ACTION:- Determination of dispute by court – Where no dispute exists – Effect. |
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| BAGUDU V. THE FEDERAL REPUBLIC OF NIGERIA |
ACTION:- Abuse of court process – What amounts to – Whether institution of suit on a false premise amounts to. ACTION:- Action pending before a court – Whether and when can be declared incompetent by court of co-ordinate jurisdiction. ACTION:- Declaratory relief-Nature of- When court will grant When will not. ACTION:- Declaratory relief – Whether can be granted without adjunct consequential relief |
| BAKARE V. NIGERIAN RAILWAY CORPORATION |
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| ACTION:- Civil action-Claim for professional fees by legal practitioner-Failure to serve bill of charges as required by s.11 of the Legal Practitioners Act, 1962-Effect. | |
| BAKARE V. THE ATTORNEY GENERAL OF THE FEDERATION |
ACTION:- Commencement of action – The need to obtain the Attorney-General’s fiat before an action for civil claims is instituted against the Government – Whether still necessary in view of the provisions of the 1979 constitution – Petition of Rights Act – Whether creates cause of action. |
| ACTION:- Incompleted act. – Whether can result in a legal consequence. | |
| BALOGUN V. AMUBIKAHUN |
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| ACTION:- Counter claim -Nature of-Need for court to decide one way or the other.
ACTION:- Counter- claim – Where abandoned – What order to make ACTION:- Family Status – Lines of succession – Need to prove. |
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| BALOGUN V. A.C.B. LIMITED AND OTHERS. |
ACTION:- Civil Action – – Claim for debt and interest from partnership – Conflicting evidence of identity of partners – Failure of Dial Judge to make specific finding as to true relationship between alleged partners – Effect of – Trial Judge going beyond pleadings to explain relationship – Duty of appellate court to order trial de nova. |
| ACTION:- Application seeking order to dismiss action – Demurrer – Order 22 Rule I High Court of Lagos (Civil Procedure) Rules. | |
| BAMISHEBI V. FALEYE |
ACTION:- Civil Action – Appeals – Duty of appeal court in relation thereto – Finding of fact – When appeal court will interfere – Where error committed by the Court of Appeal did not affect its final decision. |
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BANDAR PROPERTY HOLDINGS LTD. V. J. S. DARWEN (SUCCESSORS) LTD. |
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| BANK MELLAT V. HELLINIKI TECHNIKI SA |
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BANK OF AMERICA (NATIONAL TRUST AND SAVINGS ASSOCIATION V. ALEXANDER |
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| BANK OF BARODA V. IYALABANI LIMITED |
ACTION:- Commencement of action – Legal personality to commence an action – Importance and nature of – Where legal personality lacking – Effect on locus standi. |
| BANK OF WEST AFRICA LTD V. BALOGUN |
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| ACTION:- Civil action | |
| BANKOLE V. NIGERIAN BROADCASTING CORPORATION |
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| BATA NIGERIA (SALES) LIMITED V. BRIGADIER MARTIN ADAMU |
ACTION:- Civil action – Pleadings – Rehearing – Amendment of pleadings – Direction 6y Judge as to amendment of pleadings – Exercise of Judges discretion. |
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BAUCHI STATE AGRICULTURAL DEVELOPMENT PROGRAMME V. ALHAJI ABUBAKAR ABDULLAHI |
ACTION – CAUSE OF ACTION: When does a cause of action accrue and what is a cause of action |
| BELLO SALAMI & ANOR. V. ALHAJI ADETORO LAWAL |
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| ACTION:- Civil Action – – Visit to Locus – Failure to record observations made at – Effect – Evidence Act s.148 (d). | |
| BELLO V. EWEKA |
ACTION:- Civil Action – Declaratory judgment in claim for title to land on admission or default of defendant’s pleading but in absence of evidence in support of claim – Issues of competing interests – Whether declaration in plaintiff’s favour proper – Duty of trial Judge in evaluating evidence in civil cases. |
| ACTION- COUNTER CLAIM- what a counterclaim is- whether it is an independent action | |
| BEN THOMAS HOTEL LTD. V. SEBI FURNITURE CO. LTD |
ACTION [CIVIL]:- Undefended list procedure under Order 3, rules 8-12 of the High Court of Kwara State (Civil Procedure) Rules, 1975 – How treated |
| ACTION:- Representative action – Failure to obtain leave – Effect. | |
| BENTWORTH FINANCE (NIG) LTD GWAMBE |
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| ACTION – PLEADINGS:- whether Court is bound by the pleadings | |
| BESSOY LIMITED V. HONEY LEGON (NIG) LIMITED & Anor |
ACTION – CAUSE OF ACTION: What is a reasonable cause of action |
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ACTION – LIS PENDENS:- Purport of the doctrine of lis pendens – Aim of preserving the subject matter of litigation – Legal effect ACTION – ADDRESS OF COUNSEL:- Rule that it is not evidence and cannot make up for lack of evidence to prove or establish a fact or else disprove and demolish a point in issue – Effect |
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| BHOJSONS PLC V. DANIEL-KAILO |
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| BHOJWANI V. BHOJWANI | ACTION:- Matrimonial causes – Petition for dissolution of marriage – Person competent to institute proceedings for – Determining factor – Relevance of domicile of petitioner – Section 2(2)(a) Matrimonial Causes Act considered. |
| BILL CONSTRUCTION CO. LTD. V. IMANI & SONS LTD SHELL TRUSTEES LTD (A JOINT VENTURE) | ACTION – ADJOURNMENT:- Principles governing – Application therefor – Discretion of court with respect thereto – How exercised. |
| ACTION – PLEADED FACTS: Effect of pleaded facts which do not establish the prayers before the court | |
| BOARD OF CUSTOMS AND EXCISE V. VIALE |
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| ACTION:- Conversion as a tort- Meaning of.
ACTION:- Tort of conversion – Basis of- Ingredients of- Onus on plaintiff. |
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| BONNY V. YOUGHA |
ACTION:- Action for Declaration of title and Injunction – Customary Court – Appeal – Whether High Court can only amend previous award of Customary Court on appeal only if tying Declaration of Title to plan – Whether trial Court cannot in new action alter injunction given in earlier case. |
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ACTION:- Carriage of goods by sea – Right of action – Where consignee indorses or transfers bill of lading to another – Whether implies transfer of property in goods as to divest consignee of right to sue – Relevant considerations. ACTION:- Locus standi – Bill of lading – Right to sue thereon – Basis – Section 375(1) Merchant Shipping Act, Cap. 224, Laws of the Federation considered. |
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BORNU HOLDING AND CO. LTD AND OTHERS V. DIPCHARIMA AND OTHERS |
ACTION:- Civil Action -execution – Judgment debt due to company -Judgment debt to be paid by realistic monthly instalments. |
| BOWAJE V. ADEDIWURA |
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| ACTION:– Demurrer proceedings | |
| BRIGADIER G.T. KURUBO and ANOR. V. ZACH-MOTISON NIGERIA LIMITED |
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| BRITISH-AMERICAN INSURANCE COMPANY NIG. LIMITED V. OMOLAYO |
ACTION Dismissal of employee under common law -Ground therefor. |
| ACTION:- Summary judgment – Application for leave to defend – Defendants convicted in criminal trials of handling stolen goods – Plaintiffs bringing civil action for conversion – Plaintiffs applying for summary judgment – Whether plaintiffs’ delay in bringing summary judgment application an abuse of process of court – Whether defendants entitled to relitigate same issues on same evidence as called in criminal trials – RSC Ord 14 – Civil Evidence Act 1968, s 11. | |
| BROAD BANK OF NIGERIA LTD. V. S. OLAYIWOLA & SONS LTD. |
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| BUA V. DAUDA |
ACTION:- Undue influence – What amounts to – Circumstances in which it may arise – Classification of – How to plead and prove same. |
| ACTION:- Parties to an action – Parties to an election petition – Necessary respondent – Who is – Non joinder of – Effect of – Section 133(2), Electoral Act, 2002. | |
| BULAI V. OMOYAJOWO |
ACTION:- Action-Defendant sued as representing community in claim for land-No representation order-No motion by Defendant to amend title of writ-Whether community bound by judgment-High Court (Civil Procedure) Rules W.N. Order rule 9; Order 2, rule 2. |
| ACTION – PLEADINGS: What is the effect where a statement of claim does not support a claim and the order to be made by the court in such case?
ACTION – PARTY: When does a party have locus standi in prosecuting an action? |
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| C.G.G V. OGU |
ACTION – COMPETENCY: – Whether or not competence of a suit is determined by reference solely to the nature of the reliefs or claims sought – Whether it is a settled and fundamental principle that jurisdiction is determined by the Plaintiff’s claim or relief ACTION – FUNDAMENTAL RIGHTS ENFORCEMENT PROCEDURE: – Reliefs or claims not maintainable under the Fundamental Rights (Enforcement Procedure) Rules – Need for Court to apply the correct or proper principle by solely examining the reliefs or claims of the Applicant |
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CAPITAL BANCORP LIMITED V. SHELTER SAVINGS AND LOANS LIMITED AND ANOTHER |
ACTION:- Cause of action -Accrual of – Determination of. |
| CAPTAIN E. C. C. AMADI V. NIGERIAN NATIONAL PETROLEUM CORPORATION |
ACTION:– Pre-action Notice – Section 11 (1) and (2) of the Nigerian National Petroleum Corporation Act, 1977 |
| ACTION – BILL OF EXCHANGE:- Action on-Defence of total failure of consideration Whether sustainable-Bill of Exchange Act 5.3,73. | |
| CARL-ZEISS-STIFTUNG V. HERBERT SMITH & CO (A FIRM) AND ANOTHER |
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| ACTION – PLEADINGS: “In any civil matter be it matrimonial, commercial, chieftaincy or one based on land – whether the plaintiff fails or succeeds on his pleadings and the evidence he adduces in support of such pleadings – need for a party who seeks the judgment of the court to be in his favour to adduce such adequate credible evidence in support of his pleading – whether where there is no such evidence then the averment in the pleadings are deemed abandoned | |
| CHEVRON NIGERIA LIMITED V. LONESTAR DRILLING NIGERIA LIMITED |
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| ACTION – PRELIMINARY OBJECTION:- Right of a Defendant who conceives that ex-facie he has a good point or points of Law or jurisdiction that can in limine dispose or terminate a Claimant’s Suit or action is entitled to bring an application before the trial court or appellate court where it concerns or touches the jurisdiction of the court trying the matter or the Appellate Court hearing an appeal – Effect where application is successful | |
| CHIEF (DR.) PERE AJUWA & ANOR V. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED |
ACTION – DISMISSAL OF AN ACTION:- When an application for the dismissal of an action based on the grounds of unreasonableness, frivolousness, vexatiousness or an abuse of court process would be granted |
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CHIEF AKIN OMOBORIOWO & ORS V. CHIEF MICHAEL ADEKUNLE AJASIN |
ACTION – PLEADINGS: Effect of issues joined on any averments with no evidence led to support same |
| CHIEF BERTHRAND E. NNONYE V. D. N. ANYICHIE & ORS |
ACTION – PRE-ACTION NOTICE: Whether failure to comply with pre-action notice will defeat a plaintiff’s cause of action. |
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CHIEF CHUKWUEMEKA ODUMEGU OJUKWU V. CHIEF OLUSEGUN OBASANJO & ORS |
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| CHIEF DR. OLUSOLA SARAKI V. ALSTHOM S.A. AND SOCIETE GENERAL BANK OF NIGERIA |
ACTION – Civil Proceedings – Need for plaintiff to formally close case before defence opens – Failure to comply with procedure – Effect |
| ACTION – LOCUS STANDI: The concept of locus standi | |
| CHIEF ISRAEL ARIBISALA & ANOR. V. TALABI OGUNYEMI & ORS |
ACTION:- EXHAUSTION OF ALL REMEDIES: The need for exhaustion of all remedies in law before going to court. |
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ACTION:- Declaratory Action – Whether the burden is on the claimant to lead credible evidence to show that he is entitled to the declaration sought – Need to succeed on the strength of his own case, and not on the weakness of the defence, even where there is an admission by the defendant – Whether declaratory judgments are not awarded on admissions but on the evidence of the claimant – Whether courts do not grant declaratory reliefs either in default of defence or admissions, without hearing evidence and being satisfied by such evidence – Position on declaratory reliefs as an exception to the rule that facts admitted need no proof |
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| ACTION:– Pre-action notice – defendant who wish to rely on non-service of same – what he must do.
ACTION – Pre-action notice – irregularity in the exercise of jurisdiction arising from non – service of pre-action notice and a total lack of jurisdiction – distinction between. |
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| CHIEF L.K. AJIBARE & ANOR V. JAMES AKOMOLAFE & ANOR |
ACTION:- DECLARATORY RELIEF: Nature of a declaratory order or relief and jurisdiction of the court to grant same |
| ACTION:– Grounds of appeal – where it contains a mixture of misdirection and error in law – attitude of appellate courts to such grounds of appeal – Nwadike v. Ibekwe applied. | |
| CHIEF MICHAEL EMERAH & ANOR V. ADEKUNLE OLADOSUN & ORS |
ACTION – PLEADINGS: Whether pleadings serve the primary purpose of stating reliefs in a motion paper |
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CHIEF OLAIDE ONASANYA & ORS. V. CHIEF KOLAWOLE SODARA & ORS. |
ACTION – whether a further amended statement of claim supersedes an amended statement of claim- effect of the amendment |
| CHIEF S. I. AGU v. GENERAL OIL LIMITED |
ACTION:- PLEADINGS: Evidence led on facts not pleaded – Whether parties are bound by their pleadings |
| CHIEF SUNDAY ORIORIO & ORS V. CHIEF JOSEPH OSAIN & ORS |
ACTION:- whether a litigant is at liberty to change the case or introduce new issues at will |
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CHIEF TITUS ANAMASONYE ONWUGBELU V. MR. EJIOFOR EZEBUO & ORS |
ACTION – PLEADINGS:- Principle that pleadings do not constitute evidence and that unless admitted expressly or by implication, the facts pleaded themselves cannot be regarded as proven and so will require evidence to prove them – Implication for claim of special damages – Whether pleadings of fact with regard to a claim for special damages can found the claims sought – Need for the particulars of items claimed and their exact value must be proven by evidence – Effect of failure thereto |
| CHRISTOPHER N. TANKO V. GARDUGA N. NONGHA |
ACTION – PLEADINGS: Whether parties are bound by their pleadings |
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CHRISTOPHER ONJEWU V. KOGI STATE MINISTRY OF COMMERCE & INDUSTRY & ORS. |
ACTION – RELIEF: Whether an applicant who applied for a relief will be denied such relief if it was asked for under a wrong law |
| CLIFFORD O. IMOH V. ABIODUN ONANUGA & ANOR |
ACTION – PLEADINGS:- Essential principle of the rules of pleading in Nigeria’s adversary system – Principle that each party is free to formulate his own case and once formulated he is bound by his pleadings and cannot be allowed to urge a case different from that formulated on the pleadings and the courts themselves are bound to decide only the case formulated on the pleadings and it would be contrary to the proper function of the court to adjudicate on any matter not put in issue by the pleadings – Justification – Implication foe fair hearing |
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COL. HASSAN YAKUBU (RTD.) V. THE GOVERNOR KOGI STATE AND OTHERS |
ACTION:- Parties to an action – Joinder of parties – Principles governing.
ACTION:- Parties to an action – Proper parties – Who constitute – Relevant considerations. |
| COL. NICHOLAS AYANRU (RTD) V. MANDILAS LIMITED |
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COMMISSIONER OF HEALTH, NASARAWA STATE & ORS V. DR. MICHAEL KLINLONG DADET |
ACTION – COUNTER-CLAIM: What a counter-claim entails |
| COMPAGNIE GENERALE DE GEOPHYSIQUE (NIGLT) CGG NIG LTD v. MOSES AMINU |
ACTION – CONDITIONAL APPEARANCE: Conditional Appearance – Meaning – Duty of a trial court to address protest before hearing any application |
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CONTRACT RESOURCE NIGERIA LTD. & ANOR. V. UNITED BANK FOR AFRICA PLC. |
ACTION – PRELIMINARY OBJECTION:- Meaning, essence and purpose of – Effect where sustained – Whether can be based on both legal and factual contentions
ACTION – PRELIMINARY OBJECTION:- Where based on facts – Whether an affidavit is a prerequisite |
| DADI V. GARBA |
ACTION:- Proceedings in native or customary court – Nature of – Requirements of validity of. |
| ACTION:- Issues – Joinder of issues in civil suit – How done. | |
| DALFAM NIGERIA LIMITED V. OKAKU INTERNATIONAL LIMITED |
ACTION – Action initiated by a plaintiff – duty of court to prevent him from escaping through side door to avoid the legal contest. ACTION – Cause of action – how determined in a suit. |
| DANIEL HOLDINGS LTD V. UNITED BANK FOR AFRICA PLC |
ACTION:- Statement of claim: Supersession of the writ of summons by statement of claim ACTION – CLAIM FOR INTEREST: Ways of claiming interest |
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DANIEL ORJI OGBAH V. BENDE DIVISIONAL UNION JOS BRANCH AND OTHERS |
ACTION – Computation of time for the purposes of limitation law – whether a discontinued suit should be considered in computing same. |
| DANIYAN V. IYAGIN |
ACTION:- Representative action – persons who qualify as parties in such action. |
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DANTATA & SAWOE CONSTRUCTION CO. (NIG) LTD. V. YUSUF ACHEM HASSAN |
ACTION:- Undefended list procedure – leave to defend action – when it will be granted – what court will consider. |
| DANTATA & SAWOE CONSTRUCTION COMPANY LIMITED V. EGBE |
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| ACTION – LOCUS STANDI:- How determined – Need for the Court to look at the cause of action and the facts of the case and not necessarily whether the Claim is justiciable – Need for there to be a nexus between the Claimant and the disclosed cause of action concerning his rights or obligations – Need to examine only the statement of claim in determining same | |
| DAVID ITAUMA V. FRIDAY JACKSON AKPE-IME |
ACTION:- PLEADINGS: Effect of Pleadings ACTION – COURT – ACTION: Duty of Court |
| ACTION – CIVIL ACTION – – Application of English Rules where local rules silent. | |
| DIAB NASR V. COMPLETE HOME ENTERPRISES (NIG)LTD |
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DIEPREYE SOLOMON PETER ALAMIEYESEIGHA V. THE CROWN PROSECUTION SERVICE |
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| DINGSE V. REGISTERED TRUSTEES OF CHURCH OF CHRIST IN THE SUDAN |
ACTION:– Registration of a company or body under the Companies and Allied Matters Act, 1990 – whether qualifies every action brought by or against the company or body as arising from the Act. |
JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
