ACTION – NIGERIAN CASES ON LITIGATION/PRACTICE/PROCEDURE ISSUES – 4
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE |
MAIN ISSUES |
| DONALD MOREBISHE AND 2 ORS. V. LAGOS STATE HOUSE OF ASSEMBLY |
ACTION:- Reasonable cause of action –Meaning |
| ACTION – INTERESTED PARTY: Whether a party that has an interest in an appeal needs to demonstrate his interest from the record of the appeal and not the statements in affidavits in support of the application | |
| DR. CHARLES OLADEINDE WILLIAMS V. MADAM OLAITAN WILLIAMS |
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| ACTION – PRELIMINARY OBJECTION:- Aim and or intendment of a Notice of Preliminary objection | |
| DR. IME SAMPSON UMANAH V. OBONG (ARC.) VICTOR ATTAH & ORS |
ACTION – ISSUES: Whether a court is bound to answer issue-any question not relevant to the litigant’s case before it. |
| DR. TOSIN AJAYI V. PRINCE (MRS.) OLAJUMOKE ADEBIYI & ORS |
ACTION- PRINCIPLE OF AVOIDANCE OF SURPRISE:- whether such a specific matter as Limitation Law must be expressly set out or pleaded in the statement of defence- when a cause of action or a right of action accrues under the Public Land Acquisition Law |
| ACTION – PLEADINGS- binding nature of pleadings | |
| DRANK LTD. V. E. STEINFIEL. |
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| ACTION:- Transfer of action – Power of State High Court to transfer matters before it in which it has on jurisdiction to Federal High Court – Section 22(3) Federal High Court Act 1973-Effect of 1979 Constitution. | |
| EDWIN IKHINMWIN & ANOR V. PRINCE FRIDAY ELEMA & ORS |
ACTION – PARTIES TO A PROCEEDING: Who are parties to a proceeding |
| ACTION – DECLARATORY RELIEF: Before a court can grant a declaratory relief sought by a plaintiff – whether there is a requirement on plaintiff to plead and lead evidence so as to entitle him to the declaration sought – whether an admission by the defendant will no way relieve the plaintiff from the onus placed on him of proving his claim – whether Courts do not make declarations of right either on admissions or default in defence | |
| EKPUK V. OKON |
ACTION:– Originating summons to commence an action – when appropriate. |
| ACTION:- Counsel to a party – Whether competent to act as witness in a matter he is retained as counsel – Whether can act as witness in same case and continue as counsel
ACTION:- Witness – Judge and Counsel to an action – Whether competent witnesses in the same proceedings |
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| ELDER ESEME AKPAN V. EKANABASI ASIBONG UBONG |
ACTION – UNDEFENDED LIST PROCEDURE: Attitude of courts in the consideration of whether a defendants affidavit discloses a defence on the merit – Whether one of liberalism – General principle that where a defendant shows that he has a fair case for defence or reasonable grounds for setting up a defence, or even a fair probability that he has a bona fide defence – Whether court ought to give him leave to defend |
| ELEGBE V. BABALOLA |
ACTION:- Documents – Whether admissible in evidence – Whether instruments under Land -Instruments Law Western Nigeria, ss.2,16. |
| ACTION | |
| ELEMENYAIKORO V. SAFRAP (NIGERIA) LIMITED |
ACTION:- Non Suit – Where not requested – Claim of compensation for damaged pond – Failure to prove case – Appropriate order – Dismissal or non-suit – Trial Judge non-suiting case without hearing parties – Effect |
| ACTION – JOINDER OF PARTIES:- Persons against whom complaints are made in an action | |
| ELIAS V. AKINRIMISI |
ACTION – LIMITATION OF ACTIONS – Action against Personal Estate of a deceased – Whether Section 8(1)(a) or Section 33(1) of the Limitation Law of Lagos State is applicable. |
| ACTION:- Action brought in representative capacity – Need for all persons affected to have the same and common interest in the subject matter | |
| EMEGOKWUE V. OKADIGBO |
ACTION:- Civil Action –Pleadings -Inconsistency of evidence with pleadings -Duty of trial judge in such circumstances. |
| ACTION:- Commencement of actions – Modes of – Where action wrongly commenced by originating summons instead of writ of summons – Proper order court should make.
ACTION:- Locus standi – Where plaintiff lacks standing to sue – Proper order court should make. |
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| EMEZUE V. OKOLO AND OTHERS |
ACTION:- Civil Action – – Application for order striking out claim – Trial Judge granting application dismissing claim as disclosing no cause of action – Statement of claim clear as to detention for over twenty-four hours – Prima facie, unlawful – Trial Judge’s decision set aside – Re-trial de novo ordered. |
| EMMANUEL T. AYENI and ORS V. WILLIAM ABIODUN SOWEMIMO |
ACTION:- Joinder of parties – Family land – effect of use of family name ACTION:– Defence of a suit in a representative capacity – Need for authority to proceed from the Court |
| ACTION:- SEVERANCE OF PLEADINGS: Whether an application is needed for severance of pleadings
ACTION:- PLEADINGS: Effect of averments not supported by evidence |
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| ENANG AND OTHERS. V. ADU AND OTHERS. |
ACTION:- Difference between Cross-appeal and Variation of judgment – Applicable procedure for cross-appeal Need for a party seeking to set aside a finding which is crucial and fundamental to a case to do only through a substantive cross-appeal and not by an application to vary |
| ACTION:- Pleadings – Cardinal principle in pleadings derived from the rule of natural justice of audi alteram partem that a party or a witness should know in advance through the pleadings what he is going to face or defend in court to enable him prepare for the defence, rather than groping in the dark and in the realm of the unknown and designed to avoid element of surprise being sprung on the opposite party – Implication | |
| ENEKWE V. INTERNATIONAL MERCHANT BANK OF NIGERIA LTD |
ACTION:- Lis pendens – Doctrine of- Scope of- Conditions precedent to operation and application thereof- Need for all conditions to co-exist – Whether a declaratory relief can justify the application of. |
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ENGINEER NURA KHALIL V. ALHAJI UMARU MUSA YAR’ ADUA (PRESIDENT) AND ORS |
ACTION:- Parties to an action Parties to election petition Necessary party Who qualifies as Section 133(2), Electoral Act, 2002.
ACTION:- Parties to an action Whether individual persons can be sued as a group without order of court to sue in representative capacity. |
| ENIGWE V. AKAIGWE |
ACTION:- Consolidation of actions – Aim of – When it may be ordered – When it will not – Governing considerations. ACTION:- Consolidation of actions – Position in states of former Eastern Nigeria -Position in states of former Western and Mid-Western Nigeria -Applicable principles. ACTION:- Consolidation of actions – Where done at instance or with consent of parties – Whether any of them can later complain and challenge the consolidation. |
| EROKORO V. GOVERNMENT OF CROSS RIVER STATE |
ACTION:- Parties – Commission of Inquiry – Whether can be sued. ACTION:- Parties – Suable party – What determines. |
| ACTION:- Divorce proceedings – Exercise o court discretion to grant petition in face of petitioner’s admission of commission of adultery during pendency of marriage | |
| EVANGELIST JACOB ONAKOVWE KPEKU & ORS. V. CHIEF DOUFA SIBEKENEKUMU & ORS |
ACTION – PLEADINGS: Whether evidence adduced to prove facts ought to be pleaded |
| ACTION:- Representative action – Suing on behalf of family- Consultation and agreement of all members of family thereto – Whether a sine qua non for validity of authority of person suing. | |
| EXCELSIOR INSURANCE COMPANY LTD V. THE REGISTRAR OF INSURANCE |
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| ACTION:- Parties to an action – Action against party in personal capacity – Judgment obtained thereon – Whether constitutes res judicata in subsequent action against defendant in representative capacity. | |
| EZEKIEL OKOLI V. MORECAB FINANCE (NIG.) LTD. | ACTION:- Action for recovery of loan – Types of defences open to defendant |
| ACTION:- Evidence of a Party to an action – Failure to give same – Whether there is any procedural law in Nigeria’s justice system obligating a party to give evidence at the trial – Burden of proof required to prove an alleged or asserted fact – Whether affected by such a party only calling witness or witnesses to prove his allegation or assertion – Justification – Where the only competent witness is the party – Legal implications | |
| EZENWOSU V. NGONADI |
ACTION:- Commencement of action – Action commenced in name of deceased party – Whether valid. |
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ACTION:- Action already struck out – Effect. ACTION:- Settlement of actions – Amicable settlement of cases – Duty on court. |
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| EZEWUIHE IKOKU & ORS V. REUBEN EKEUKWU & ORS |
ACTION:- RELIEF: whether the court can grant a defendant a relief not sought |
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ACTION – ESTATE ADMINISTRATION:- Probate action – Caveat entered against application for probate – Effect – Action to remove same – Executrices and applicants for probate –Whether necessary parties – Whether may be joined against their will by operation of law or discretion of court – Whether deemed as parties with same interest in grant of probate – Whether has no absolute right to withdraw from action – When discretion of court to refuse application for a party to withdraw deemed rightly exercised. |
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| FAJINMI V. SPEAKER, WESTERN HOUSE OF ASS. |
ACTION:- Special procedure for bringing an action to be provided – Procedure not provided for – Need to bring action – How to be brought under that situation. |
| ACTION:- Originating summons – Nature of action that can be commenced thereby.
ACTION:- Originating summons – When a suit must be commenced by an originating summons. |
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| FAR EAST MERCANTILE CO LTD V. PHILLIPS PHOTOS LTD |
ACTION:- Civil Action Wrongful executions Bailiff entitled to seize only the goods of the judgment debtor Claim for special damages. |
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FAREAST MERCANTILE COMPANY LTD. V. BOOTHIA MARITIME INC; GLOBAL |
ACTION:- Right of action – Bill of lading – Who can sue thereon – How determined – Endorsee or consignee thereof- When he can sue thereon – When he cannot – Sections 394(1) Merchant Shipping (Amendment) Decree No 2 of 1988 and 375(1) Merchant Shipping Act. |
| FEDERAL BOARD OF INLAND REVENUE V. THE NIGERIAN GENERAL INSURANCE CO. LTD |
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| ACTION:- Parties to an action – Where Federal Government or any of its agencies a party to a suit – Proper court with jurisdiction to determine same. | |
| FEDERAL MORTGAGE BANK OF NIGERIA V. DR. OLUSOLA ADESOKAN |
ACTION – Service of writ of summons outside jurisdiction |
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FEDERAL POLYTECHNIC BAUCHI & ANOR V. ABDULFATTAH ABOABA & ANOR |
ACTION – FINAL ADDRESS:– Address of counsel – Whether cannot be used to raise issues which do not emerge from the pleadings and evidence – Whether it is improper to raise issues of fact in counsels final address – Whether statute of limitation does not confer any right on a defendant, but only imposes a time limit on a plaintiff |
| FEDERAL POLYTECHNIC IDAH V. ONOJA |
ACTION – Commencement of action – impropriety of commencing same by originating summons in hostile proceedings – whether commencement of the present suit by originating summons was justified. |
| ACTION:- No case submission – Duty of Judge and Jury under 0rder 26 rule 10-1$ Western State High Court Civil Procedure Rules – Civil Procedure in Supreme Court 1942 – 035 4.1 to 9; 1923 Laws of Nigeria. | |
| FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS V. DR. (MRS) ADAEZE G.N.C. OKOLI |
ACTION – CAPACITY TO SUE: Rule of law that no action or suit can be brought by or against any party other than a natural person or persons unless such party has been given or vested by Statute, expressly or impliedly, or by the common law – Whether no action can be filed by or against any party other than a natural person or persons unless such party has been given by Statute, expressly or impliedly or by common law, either a legal personality under the name by which it sues or is sued or a right to sue or be sued by that name – Whether the law requires that both plaintiffs and the defendants should be juristic persons or natural persons existing, or living at the time the action is initiated – Where either of the parties is not a legal person capable of exercising legal rights and obligations under the law – Effect on competency of suit |
| ACTION:– Cause of action – law applicable to cause of action – how determined – procedure in force at the time of institution of action subsequently altered – whether affects competency of action. | |
| FIDELIS MGBENWA & ORS V. KINGSLEY NNAGU & ANOR |
ACTION – COMPLIANCE WITH RULES OF COURT:- Rules of Court made to regulate in the law courts – Need for them to be complied with |
| ACTION- ORDER OF STAY OF PROCEEDINGS- purpose of -duty of appellate Court in the determination of the application for grant of – circumstance under which the Court will grant | |
| FIRST BANK OF NIG. PLC V. CYRIACUS IWUMUNE |
ACTION – Party to an action – determination of same. |
| ACTION:- Parties to an action – Wrong done to or by an accredited employee of a company – Action therefor – Person. – | |
| FIRST BANK OF NIGERIA PLC V. ALEXANDER N. OZOKWERE |
ACTION- CLAIM: The nature and essence of a claim for “money had and received” ACTION – JOINDER OF DESIRABLE/NECESSARY PARTY: The distinction between the joinder of a desirable and necessary party in a suit |
| FIRST BANK OF NIGERIA PLC V. ASSOCIATED MOTORS COMPANY (NIGERIA) LIMITED |
ACTION:- Cause of action – Breach of contract – Plaintiff suffering no loss as a result of breach – Whether suit discloses cause of action. ACTION:- Negligence – How pleaded and proved – Where negligence has been established – Need to still prove injury resulting therefrom. |
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FOMBO V. RIVERS STATE HOUSING AND PROPERTY DEVELOPMENT AUTHORITY |
ACTION:- When an objection is raised that the Statement of Claim does not disclose a reasonable cause of action – duty of court to examine the Statement of Claim to ascertain whether or not there is a reasonable cause of action |
| FRED EGBE V. ALHAJI ABUBAKAR ALHAJI |
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| ACTION:- Limitation of action – tort – slander whether time does not start to run until damage occurs to the plaintiff Limitation Law, Laws of Lagos State1973 – Pleading – Estopel To Be Specifically Pleaded – Pleading Inconsistent Defences. | |
| FRED EGBE V. HONOURABLE JUSTICE BABATUNDE BELGORE |
ACTION:- Enforcement of fundamental rights – Action therefor- Types of rights enforceable under Fundamental Rights (Enforcement Procedure) Rules. ACTION:- Limitation of actions – Public Officers (Protection) Act, section 2( a) – When applicable to protect public officer- When not. |
| ACTION- Cause of action -Whether action discloses reasonable cause of action – How determined – Document court must use in consideration thereof.
ACTION:- Commencement of action – Provisions requiring leave therefor – Rationale of. |
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| G. K. F. INVESTMENT NIGERIA LTD. V. NIGERIA TELECOMMUNICATIONS PLC |
ACTION:- ALTERNATIVE CLAIM: duty of court when awarding an alternative claim |
| ACTION | |
| GANIYU OGUNDIPE V. SAMSON MURAINA ODUWAIYE & ANOR |
ACTION – LOCUS STANDI:- How ascertained – Whether depends on the question if the plaintiff has sufficient legal or justiciable interest to file the action, not whether the action was bound to fail, in any event – Effect ACTION – LOCUS STANDI:- In determining whether a plaintiff has locus standi or not – Whether the court is obligated to look at the statement of claim |
| GASALIYU OLA-IYA V. ALHAJI YAKUBU LASISI |
ACTIONS – PLEADINGS:- Requirements that court processes be signed by legal practitioner and not by a law firm – Basis – Provision of section 24 of the Legal Practitioners Act – Rule in Nweke vs. Okafor and Oketade vs. Adewunmi – Whether cannot be waived by parties or even by the court being mandatory as opposed to directory or discretionary |
| ACTION – Declaratory action or order – onus placed on a party that seeks same. | |
| GOVERNOR OF EBONYI STATE & ORS. V. HONOURABLE JUSTICE E. I. ISUAMA |
ACTION:– Pre-action notice – Whether constitutional – Whether applicable to a state Governor, the House of Assembly and the National Judicial Council – Whether can be raised for the first time on appeal having not been pleaded and raised at trial court |
| ACTION:- Commencement of actions – Failure to institute action by due process of law – Effect of
ACTION:- Commencement of actions-Procedure therefor-Action for breach of contract or unlawful dismissal- How commenced – Whether can be commenced under Fundamental Rights (Enforcement Procedure) Rules. |
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| GUINESS NIGERIA PLC V. PRESIDENT & MEMBERS OF DISTRICT CUSTOMARY COURT AMUKPE, SAPELE |
ACTION – Application for judicial review – where an action is instituted against a registered company in a Customary Court – how determined. |
| GULAB (NIGERIA) LTD V. SACHDEVA |
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GULF AZO V. SHIPPING COMPANY LIMITED; UNITED KINGDOM MUTUAL STEAMSHIP ASSURANCE ASSOCIATION AND ORS |
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| H.N.O AGEDAH V. CHIEF R.O. NKWOCHA |
ACTION – Cause of action – when accrues. |
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H.R.H. IGWE G.O. UMEONUSULU UMEANADU V. ATTORNEY GENERAL OF ANAMBRA STATE & ANOR |
ACTION – DISCONTINUANCE OF ACTION: When leave of court is required to discontinue a suit |
| HABIB NIGERIA BANK LTD. V. EMMANUEL O. A. 0YEBANJI |
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| ACTION:- Civil Action – Claim for money deposited -Arrears of salary- Equated bonus – How treated | |
| HAIDO V. USMAN |
ACTION – Parties to an action – where respondent failed to participate in an action – whether appellant can succeed on the strength of his case. |
| ACTION:- Declaration, Action for-,and-Defendant building on Plaintiff’s land-Notice-Whether maxim “Quidquid plantatur solo, solo cedit” applies. | |
| HENDERSON V. TEMPLE PIER CO LTD |
ACTION:- Limitation of action – when time begins to run on an action – Failure of solicitors to identify Defendant within limitation period – Effect |
| HIS HIGHNESS EREJUWA II THE OLU OF WARRI V. KPEREGBEYI |
ACTION:- Applicable law to cause of action – What determines. ACTION:- Cause of action – Where arose subsequent to the 1979 Constitution – Whether 1963 Constitution still applicable ACTION:- Chieftaincy disputes – Locus standi – To whom enures. |
| ACTION- CONSOLIDATION OF SUITS- when actions will be consolidated- whether a separate judgment should be delivered on each of the suits or actions | |
| HON. BABANGIDA S. M. NGUROJE & ANOR V. HON. IBRAHIM TUKUR EL-SUDI & ORS |
ACTION – COMMENCEMENT OF ACTION- when the procedure of originating summons should not be adopted -whether a proceeding wrongly commenced by originating summons may be permitted by the court for the parties to carry on as if the suit was initiated by a writ of summons |
| ACTION-essence of joinder of parties- classification of parties | |
| HON. GABRIEL TORWUA SUSWAM V. SEN. DANIEL I. SAROR & ORS |
ACTION-whether a cause of action can arise at the expiry of the limitation period prescribed by law |
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HON. MKPANAM OBO-BASSEY EKPO & ANOR V. NGIM OKPOR KANU & ORS. |
ACTION:- PLEADINGS: Whether parties are bound by their pleadings |
| HOPE DEMOCRATIC PARTY (HDP) V. MR PETER OBI & ORS. |
ACTION:- CAUSE OF ACTION: The relevant law applicable in respect of an action |
| IBATOR V. BARAKURO |
ACTION: |
| ACTION:- Parties to an action -Whether opponent can emphasise weakness of other party’s case to prove claim. | |
| IBEZIAKO V. NWAGBOGU AND ANOTHER |
ACTION:- Intervener action – Withdrawal of after knowledge of the claim – Effect ACTION:- Joinder of causes of action – Whether trespass to land and possession can be joined |
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IBILE HOLDINGS LIMITED V. PROFESSIONAL DATA SECRETARIAL SERVICES. |
ACTION – DAMAGES:– Mitigation of damages- duty of plaintiff to mitigate his loss- onus on defendant to prove that plaintiff failed to mitigate his loss. |
| IBRAHIM KANO V. GBADAMOSI OYELAKIN |
ACTION:- Applicable law -Land held under customary law, -Whether fact thereof per set conclusive proof that all transactions thereon subject to customary y law. |
| IBRAHIM V. OSIM |
ACTION:- “Reasonable cause of action – Meaning of – 0.22 r.4 High Court of Lagos (Civil procedure) Rules – Import of – application for the Striking out of a statement of claim for disclosing no “reasonable cause of action” – Relevant considerations in coming to a decision |
| ACTION:- Cause of action – How it accrues- cause of action accrues from the date on which the incident giving rise to the cause of action occurred. | |
| IBUM OLUMBA V. THE REG. TRUSTEE, BROTHERHOOD OF THE CROSS & STAR |
ACTION – DISCONTINUANCE OF AN ACTION: Meaning – Where a claimant voluntarily puts an end to his claim wholly or in part – right of a claimant at any time to discontinue his action by filing a notice of discontinuance and serving copies of it on the other parties to the proceedings – when permission of the Court is required to discontinue – whether effect of discontinuance is that a claimant has to pay a defendant’s costs unless the Court orders otherwise – Order 24 rule 1(1)-(5) and 2, High Court of Cross River State (Civil Procedure) Rules 2008 – relevant considerations thereto |
| ACTION:- Cause of action – Question whether survives deceased – Nature of – Whether question of law or of fact. | |
| IDRIS OLOYEDE ASANIKE V. MRS. OJUOLAPE AKINLEYE & ANOR |
ACTION – COUNTER-CLAIM:- Land proce3edings – Duty of a defendant who counter-claims to show a better title to succeed against the Plaintiff ACTION – COUNTER-CLAIM: Nature of a counter-claim – Whether an independent action – Where both parties claim title to the land in dispute – Whether same burden is imposed on a defendant counter-claiming for title to land as that on Plaintiff in the main claim |
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IFEDAPO COMMUNITY BANK LTD. V. ETERNAL ORDER OF C&S CHURCH, SAKI BRANCH |
ACTION – Juristic person – capacity to sue – |
| IFEKWU V. MGBAKO |
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| ACTION:- Institution of action ‑ Fact that plaintiffs suit may fail ‑ Whether justification for denial of hearing of the action. | |
| IGBOZOR V. EFFIONG AND ORS |
ACTION – ADDRESS OF COUNSEL: Whether the address of counsel can replace evidence |
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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
