CASES/JUDGMENTS OF NIGERIAN COURTS ON COURT PRACTICES AND PROCEDURES (3)
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CASES/JUDGMENTS OF NIGERIAN COURTS ON COURT PRACTICES AND PROCEDURES (3)
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| TITLE | MAIN ISSUES |
| ATTORNEY-GENERAL OF THE FEDERATION V. ATTORNEY-GENERAL OF ABIA STATE | COURT – Abuse of court process – What constitutes – Implication of. COURT- Federal High Court – Jurisdiction thereof – Whether extends to dispute over revenue allocation. COURT – Interlocutory application – Court determining same – Duty to refrain from commenting on substantive suit. COURT – Jurisdiction of court – Determination of presence or absence of – What court considers. COURT – Jurisdiction of court – International boundaries – Dispute over same Jurisdiction to try same – Where resides. COURT – Supreme Court – Jurisdiction of to determine boundary of State Whether extant. |
| ATTORNEY-GENERAL OF THE FEDERATION V. ATIKU ABUBAKAR | COURT- Court of Appeal – Original jurisdiction of- Nature and scope of – When can be invoked – Section 239(1)(c), 1999 Constitution. COURT – Determination of a case – Novel legal question – Where court called upon to determine – Dutv thereon. COURT-Interpretation of statutes-Ditty on court in respect thereof – Scope of- Whether extends to law making. COURT – Interpretation of statutes – Primary_ function of court in respect thereof |
| ATUGBUE V. CHIME | COURT – Expedition of trial and isolation o f preliminary Fact – Propriety of. COURT – Trial of action – Duties of court. COURT:- Isolating an issue of fact before plaintiff’ closes case – Impropriety of. |
| AUGUSTINE NWAFOR MOJEKWU V. MRS. THERESA IWUCHUKWU | COURT:- Decision of court – Judicial declaration or pronouncement – Basis of-Need to be founded on cause. COURT:- Decision- of court – Judicial declaration or pronouncement – Basis of-Need to be founded on cause. |
| AUGUSTINE OBINECHE & ORS V. HUMPHREY AKUSOBI & ORS | COURT – APPELLATE COURT- Whether an Appellate Court is in as good a position as the trial court in evaluation of evidence before it |
| AUGUSTINE ONYEKACHUKWU V. THE STATE | COURT:- Effect of proceeding conducted in Chambers – Duty of a judge to be just and fair by considering all the evidence adduced before him before arriving at any conclusion |
| AUGUSTUSA NDUKAUBA V. CHIEF SILAS M. KOLOMO | COURT – Jurisdiction of court – Failure to serve court process – Effect on proceedings of court. COURT- Right to fair hearing – Fairness of proceedings – Test for determining at the trial court – Test for determining at the appeal court. |
| AVINASH CHANDER MALHOTRA V. BANK OF SINGAPORE LIMITED (FORMERLY ING ASIA PRIVATE BANK LIMITED) | COURT – DUTY OF JUDGE:- Duty to determine the effect of law on a given state of facts |
| AVON CROWN CAPS AND CONTAINERS LTD. V. NIGERIAN NATIONAL SHIPPING LINE NIGERIAN PORTS PLC | COURT – Appellate court – whether same will consider an issue not truly considered by the lower court. |
| AWAWA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE – Courts – Belief in accomplice evidence – Effect. |
| AWOGBAMI V. ALLEN | COURT:- Judgment – Style of writing same – Judge writing certain passages of his judgment in a language more picturesque than accurate – Whether sufficient reason to depart from his conclusion on appeal – Trial Judge not putting on record his notes of inspection – Where Judge did not make use of the notes of inspection in his judgment – Whether defendant is in no way prejudiced |
| AWOSILE V. SOTUNBO | COURT:- Court granting relief not sought – Propriety of. |
| AWOYEGBE AND ANOTHER V. OGBEIDE | COURT:- Jurisdiction – Courts – Competence of a trial court to grant relief not sought. |
| AWUSE V. ODILI | COURT – Court of Appeal- Appeal as of right – When will lie to the Court of Appeal – Power of National Assembly to extend jurisdiction of Court of Appeal – Section 246( 1) and (2) of the 1999 Constitution. COURT – Court of Appeal – Decision of in Governorship election petition matters – Finality of – Extent of – Whether covers interlocutory judgment or limited to final judgments – When appeal can lie from Court of Appeal to Supreme Court in election petition matter – Section 246(1) AND (3) of the 1999 Constitution- Cases of REV. HYDE ONUAGULUCHI V. MR. BEN COLLINS NDU (2001) 7 NWLR (Pt. 712) 309 and Orubu V. N.E.C.. (1988) 5 NWLR (Pt.94) 323 considered. |
| AWWAL IBRAHIM V. COL. CLETUS EMEIN AND OTHERS | COURT:- Consequences of violation of court order – Power of court to rectify or reverse steps taken contrary to court orders |
| AYANKOYA V. OLUKOYA | COURT:- Technicalities – Attitude of court thereto. |
| AYISA V. AKANJI | COURT:- Appeal Court Function of in respect of appeal before it – Whether restricted to considering appeal as formulated by parties |
| AYOKE V. BELLO | COURT:- Duty of courts of trial to limit themselves strictly to the issues raised by the parties on their pleadings and cases mad eby parties before it – Failure thereto – When considered miscarriage of justice COURT:- Duty of court when faced with an interpretation of a statute which is startling or manifestly absurd – Whether the mere fact that the results of a statute may he unjust or absurd does not entitle this court to refuse to give it effect – Where there are two different interpretations of the words in an Act – Whether court duty bound to adopt interpretation which is just, reasonable and sensible rather than that which is absurd |
| AYUA V. ADASU | COURT ‑ Findings of fans of trial court ‑ Attitude of appellate court thereto ‑ When appellate court can interfere. COURT ‑ Pleadings ‑ Duty on court to decide on facts pleaded and evidence given. |
| AYYE V. YAR’ADUWA | COURT – Exercise of discretion under Islamic law – Scope of |
| AZUIKE UME AND OTHERS V. ALFRED EZECHI AND OTHERS | COURT:- County Court – Non-suit – Judicial discretion – Interference with – If substantial error or real injustice effected – County Court Act, 1846, s. 79. |
| AZUOKWU V. NWOKANMA | COURT – Bias in relation to court or tribunal – What amounts to – Presence or absence of – Test for determining. COURT – Native or Customary Court – Power of to call witness – Duty on Court. |
| B. LEONARD MACFOY V. UNITED AFRICA CO. LTD | COURT:- Absence of applicable rules of court concerning any part of any matter by the Court – How treated by courts |
| B.O.N. V. OJEBA LTD | COURT – Court raising and deciding issue suo motu – Failure to accord parties hearing – Consequence of. COURT – Court raising issue suo motu – Power to do so – Condition for exercise of COURT – Court raising issue suo mom – Procedure to follow. Court – Appellate court – Power to set aside lower court’s decision – Limit of. |
| BABA V. BABA | COURT – Jurisdiction of court – What determines. COURT – Sharia Court of Appeal – Law of succession – Jurisdiction to entertain. |
| BABA V. HABIB NIGERIA BANK LTD | COURT:- – Undefended list procedure – decision to place a suit on the undefended list – nature of COURT:- – Commencement of action – condition precedent thereto – absence of – effect on competence of court. |
| BABALOLA V. BABALOLA | COURT:- Federal Supreme Court – Duty to restrict itself to the determination of issues disclosed by pleadings of parties |
| BABATUNDE ADENUGA V. J. K. ODUMERU(2) | COURT – Interlocutory matters – Court dealing therewith – Duty thereon to refrain from making order that will affect substantive issues or reliefs. COURT – Orders of court – Order against non-party to suit -Whether binding – Duty on court not to make. |
| BABATUNDE ADENUGA V. J. K. ODUMERU | COURT-Contempt of Court – What amounts to contempt of court |
| BABATUNDE V. PAN ATLANTIC SHIPPING AND TRANSPORT SERVICES | |
| BACEHM (IBAFON CHEMICALS) LIMITED V. VISA INVESTMENT & SECURITIES LTD ANOR | COURT – DISCRETION OF COURT:- How the discretion of Court should be exercised |
| BADEJO V. FEDERAL MINISTER OF EDUCATION | COURT- Court of Appeal -Striking out order –Power of Court of Appeal to make – Where derived – Extent and scope of – Whether can be made suo motu – Whether can be made without hearing parties. COURT – Determination of dispute by court -Where ,no dispute exists – Effect. |
| BAKAM V. ABUBAKAR | COURT:- High Court-Jurisdiction to entertain intra-party dispute on nomination for political office – Whether extant COURT:- Jurisdiction – Issue of – When and how to raise. |
| BAKARE V. APENA | COURT – Judicial office – Nature of – Judge – Performance of judicial functions – Applicable principles COURT – Judgment – Discovery of mistake after delivery – Judge going to Counsel’s Chambers to invite him back to Court – Propriety of. COURT – Judgment – Mistakes – Power of Judge to correct after delivery of- Applicable principles. |
| BAKARE V. L. S. C. S. C | COURT – Court making out a case for parties – Propriety of. COURT- Previous decision of Supreme Court -When Supreme Court will overrule – When it will not – Relevant considerations. COURT – Supreme Court -Where Supreme Court is called upon to overrule itself – Presumption – Condition precedent thereto. |
| BAKER MARINE NIGERIA LIMITED V. CHEVRON NIGERIA LIMITED | Court:- Academic discussions or matters – Duty not to engage in same. Court:- Supreme Court – Concurrent findings of fact by the two lower Courts – Duty not to interfere. |
| BALOGUN V. ODE | COURT:- High Court – Jurisdiction thereof – Source, nature and extent of.COURT:- Jurisdiction of court – Issue of – How determined – Processes court will consider.COURT:- Jurisdiction of court – Statute ousting same – How construed. |
| BALOGUN V. OLIGBEDE | COURT:- Customary court – Proceedings therein – Attitude of appellate court. COURT:- Sentiment in judicial deliberation – Attitude of court. |
| BANKOLE V. THE STATE | COURT:- Sentence of death – Proper form of pronouncing same – ‘The sentence of the court upon you is that you be hanged by the neck until you be dead and may the Lord have mercy on your soul.'” – Effect of failure thereto |
| BARCLAYS BANK D.C.O. V. MEMUNATU HASSAN | COURT:- – Case in Review – Ndashagwo V. Amodu and another 1959 WR.N.L.R. 273 (at pp. 276-7) – Effect of non-compliance with the Illiterate Protection Law on a document – Whether illiterate can depend on it – Enforceability of such document by the preparer against an illiterate in respect of legal rights created by it in favour of the preparer |
| BARCLAYS BANK INTERNATIONAL LTD V. LEVIN BROS (BRADFORD) LTD | |
| BARR. ENNOCH ETSU KWALI & ANOR V. HON. ISAH EGAH DOBI & ORS | COURT – POWER OF THE COURT:- Whether the Court of Appeal has power to assume jurisdiction over proceedings as if the proceedings had been instituted in the Court as a court of first instance. |
| BASHIR ALADE SHITTA-BEY V. THE FEDERAL PUBLIC SERVICE COMMISSION | COURT:- Judgment or decision of court – Need for same to be founded on ground raised by parties to the suit in respect of which evidence or arguments from parties has been received – Attitude of Supreme Court to failure thereto COURT:- Exercise of discretion – Need for same not to be declined or based on unfounded presumption not supported by evidence |
| BATURE MANYA V. STATE | COURT RECORD:- A party who intends to impugn or challenge the correctness of the records – need to swear to an affidavit setting out the facts or part of the proceedings as wrongly stated in the record – need for such affidavit to be served on the Judge or Registry of the court concerned |
| BATURE V. STATE | COURT – Competence of court – Determining factors. COURT – Issue of competence of court – Whether a mere technicality. |
| BAUCHI STATE AGRICULTURAL DEVELOPMENT PROGRAMME V. ALHAJI ABUBAKAR ABDULLAHI | COURT – JURISDICTION:- Whether a party can use any statutory provision or any Common Law principle to impose jurisdiction on court where same is lacking |
| BELLO MUSA MAGAJI V. ALHAJI ISHOLA ARE OGELE | COURT- duty to evaluate relevant and material evidence- whether a court of law is at liberty to act and rely on evidence of a party that is not refuted by an adversary |
| BELLO OGUNDELE & ANOR. V. SHITTU AGIRI & ANOR. | COURT – DUTY OF COURT:- Whether a court can set up for parties a case different from the one set up by the parties themselves |
| BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORS | COURT:- whether a court can embark on the scrutiny or interpretation or a re-evaluation of the judgment of another court of co-ordinate jurisdiction |
| BEN JEKPE V. CHIEF (DR.) S.T. ALOKWE | COURT – Trial court – duty to evaluate evidence adduced by parties as enunciated in Mogaji V. Odofin (1978) 4 S.C. 91 – need to comply with same. |
| BENUE STATE COMMISSIONER FOR WORKS V. DEVCON DEVELOPMENT CONSULTANTS LIMITED | COURT:- Powers of – Grant of interlocutory applications, when proper exercise of equitable jurisdiction -Judgments/orders- Adjudicating on issues not raised – Formulating issues for parties – Propriety of. |
| BEREDUGO V. COLLEGE OF SCIENCE AND TECH | COURT -Discretion of court – Where required-Need to exercise judiciously and judicially. |
| BERLIET NIGERIA LTD. V. ALHAJI MUSTAPHA KACHALLA | COURT – JUDGE:- Can another judge correct any palpable slips in a judgment where the Judge who delivered the judgment for any reason is not available |
| BERNARD OJEIFOR LONGE V. FIRST BANK OF NIG. PLC | COURT:- duty to give a dispassionate consideration to the case of the parties on printed record, in their brief and the Record of Appeal- need to confine itself to issues raised by the parties |
| BEST WESTERN COMPANY LTD V. UDOMISOR | COURT:- – Contempt of court – Compelling appearance of a contempnor – Inherent power of court to issue a bench warrant to compel an alleged contempnor properly served to appear in court. COURT:- – Abuse of court process – What amounts to same – Duty of court to prevent an abuse of its process. |
| BFI GROUP CORPORATION V. BUREAU OF PUBLIC ENTERPRISES | COURT- duty to treat as sacrosanct the terms of an agreement freely entered into by the parties- duty to provide a remedy where the plaintiff has established a right COURT – DUTY OF COURT:- Duty of a court to take into cognizance the comprehensive and unequivocal wordings of the series of agreements between the parties – Duty of court to provide a remedy where the plaintiff has established a right and to look into the substance of an action and not the form – |
| BHOJWANI V. BHOJWANI | COURT – Academic questions – Attitude of court thereto. |
| BIISHI V. THE JUDICIAL SERVICE COMMITTEE | COURT:- Complaint against validity of suspension of employee – Subsequent payment of salary due for period of suspension – Whether court still found to pronounce on validity of suspension. COURT – Hypothetical and academic questions – Need for court to refrain from dealing with. |
| BILL CONSTRUCTION CO. LTD. V. IMANI & SONS LTD SHELL TRUSTEES LTD (A JOINT VENTURE) | COURT:- Adjournment -Application therefor – Principles governing – Discretion of court with respect thereto – How exercised. |
| BILLIRI V. BILLIRI | COURT:- High Court of Bauchi State ‑ Exercise of appellate jurisdiction ‑ Variation in number of judges sitting on an appeal ‑ Propriety of. COURT –JURISDICTION:- Competence of Court ‑ How determined. |
| BIMT VENTURES LIMITED V. LINPAK NIGERIA LIMITED | COURT – DUTY OF COURT:- Whether a court has a duty to grant reliefs not sought for by a party |
| BIOCON V. KUDU HOLDING | COURT – Consideration of an interlocutory application by the Supreme Court – need to avoid making a pronouncement that will prejudice a trial pending in court of first instance. |
| BISI DAWODU AND ORS.VS. THE NATIONAL POPULATION COMMISSION | COURT – Legal practitioner – Duty of counsel to court. |
| BOARD OF CUSTOMS AND EXCISE V. BARAU | COURT:- Trite law that a court of appeal does not treat with sanctity a trial court’s use of the phrases ‘I believe’ or ‘I do not believe.’ Or ‘I find as of a fact’ – Where a trial court fails to make use of the advantage it has of a witness before it – Whether a court of appeal is in as much a good position as the court of trial to deal with these facts |
| BOB DANIELS V. THE STATE | COURT:- Whether can offer explanations suo motu as to the discrepancy between sworn testimony and documentary evidence – Whether can choose which witness to believe |
| BOLANLE ABEKE V. THE STATE | COURT – Concurrent findings of facts Of Lower court – Attitude of Supreme Court thereto – When it will interfere therewith. |
| BONIFACE ISICHEI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) | COURT – JURISDICITION OF COURT:- Effect of a court not having jurisdiction to entertain a matter |
| BONIFACE NNORODIM V. EZE PAUL EZEANI | COURT – Trial court – Duty to adequately resolve issues COURT:- – Appellate court – Attitude to matters not adverted to by trial court. |
| BOYE INDUSTRIES LIMITED & ANOR. V. ADISA SOWEMIMO | COURT – DUTY OF COURT:- Whether the court has the discretionary duty to effect amendment in provisions of an enactment |
| BOYO V. THE STATE | COURT:- – Contempt of Court Application for leave to serve notice of motion on appellant to show cause why he should not be committed for contempt of court-Duty of Court to satisfy itself that conditions precedent to making application fufilled 0rder 52 r.2 of the Supreme Court Rules (England). |
| BRAND CONNECTION LTD AND ANOTHER V. PATEL AND OTHERS | COURT:- – Payment into court – Leave to withdraw – Grounds for application for leave. |
| BRAWAL SHIPPING (NIGERIA) LIMITED V. APHRODITE (ENT.) NIGERIA LIMITED | COURT – Abuse of court process – Right of appeal- Exercise of-Whether can constitute abuse of court process. COURT – Abuse of court process – What constitutes – Relevant considerations for determining. COURT – Federal High Court – Admiralty jurisdiction of-Extent of-Whether extends to cargo that arrived or already discharged in Nigeria. |
| BRENDAN IWUCHUKWU V. DAMIAN ANYANWU | COURT:- – Findings of fact by trial court – When appellate court will examine. COURT:- – Swearing to juju or deciding disputes by recourse thereto – Attitude of court thereto. |
| BRIG. GEN. MOHAMMED BUBA MARWA & ORS. V. ADM. M. NYAKO & ORS | COURT –DUTY OF COURT:- Duty placed on a judge while interpreting the constitution |
| BRIGADIER GENERAL JAMES OMEBIJE ABDULLAHI V. THE NIGERIAN ARMY & ORS | COURT – COURT MARTIAL:- Whether it is mandatory that a court martial that is like a jury trial to give reasons for its judgments like the regular courts |
| BRIGGS V. BRIGGS | COURT – Land dispute -Parties tendering different plans in respect of same piece of land – What trial court .should do. |
| BROAD BANK OF NIGERIA LTD. V. S. OLAYIWOLA & SONS LTD. | COURT:- – Rules of Court – applicable rules to an action – how determined. |
| BUHARI V. OBASANJO | COURT – Court of Appeal – Jurisdiction to act as Presidential Election Tribunal – Exclusive nature of – Source of. COURT – Issues before the court – Duty on court not to comment on issue not joined by parties – Duty to restrict itself to issues joined. COURT – Judicial powers of court – Source and ambit of – When may extend to issue relating to Fundamental Objectives and Directive Principles of State Policy – Section 6(6)(b)(c), 1999 Constitution. |
| BULLET INTERNATIONAL NIGERIA LIMITED V. YAHUZA ADAMU | COURT – Discretionary power of court – How exercised – Duty on court to exercise judicially and judiciously |
| BURAIMOH OLORIODE & ORS. V. SIMEON OYEBI & ORS. | COURT – POWER OF COURT:- When does the exercise of judicial power of a court arise |
| C.C. ONYEMELUKWE V. L.D’ALBERTO AND CO. LTD. | COURT:- – High Court Uniform Rules, Order 11 rule 23 – third party procedure-rule that person joined as 3rd party to a proceedings is not a defendant who can contest the plaintiff’s claim – exception to the rule-discretion of court to allow 3rd party to contest plaintiff’s claim on terms thereunder considered. |
| C & C CONSTRUCTION CO. LTD V. OKHAI | COURT – Court of Appeal – Powers of. COURT – Duty of Court – To provisionally assess damages where it finds that the Defendant is not liable for negligence. COURT- Appellate Court – When will assess damages not assessed by the trial Court. |
| C.C. ONYEMELUKWE V. L.D’ALBERTO AND CO. LTD. | COURT:- – High Court Uniform Rules, Order 11 rule 23 – third party procedure-rule that person joined as 3rd party to a proceedings is not a defendant who can contest the plaintiff’s claim – exception to the rule-discretion of court to allow 3rd party to contest plaintiff’s claim on terms thereunder considered. |
| C. C. B. (NIG.) PLC. V. A. G., ANAMBRA STATE | COURT – Court Registry – Duty towards applications for leave to appeal where time is of essence. COURT:- Rules of Court – Need to obey – Non-compliance with – How justified. |
| C.G.G V. OGU | COURT:- – When court is deemed not to have raised an issue suo motu – Need for the briefs of the parties in that Court to prove the point |
| C.S.S. BOOKSHOPS LIMITED V. THE REGISTERED TRUSTEES OF THE MUSLIM COMMUNITY IN RIVERS | COURT – Decision of Court- When perverse – Treatment of by appellate Court. |
| CALABAR CEMENT CO. LTD. V. ABIODUN DANIEL | COURT – Contract of employment – Duty on court to give effect to manifest intention of parties thereto. |
| CAPITAL BANCORP LIMITED V. SHELTER SAVINGS AND LOANS LIMITED AND ANOTHER | COURT – High Court of a State – Jurisdiction of- Ruler governing exercise of – Source of – Section 239, 1979 Constitution. COURT – Jurisdiction of court – What determines. COURT – Rules of Court – High Court Rules of a State – Whether applicable in another State. |
| CENTRAL BANK OF NIGERIA V. IFEANYICHUKWU OKONKWO | COURT:- JURISDICTION:- The effect of lack of jurisdiction |
| CENTRAL BANK OF NIGERIA V. J. I. NWANYANWU AND SONS ENTERPRISE LIMITED | COURT – CONTEMPT OF COURT:- Effect of disobeying the other of the court |
| CHANVER ABA AND ANOTHER v.COP | COURT:- – Courts-Magistrate’s Court – Jurisdiction to hold summary trial over offences for which the maximum punishment is imprisonment for life. |
| CHEVRON NIGERIA LIMITED V. THEOPHILUS NWUCHE & ORS | COURT:- – Wrong law – Principle that a court will not turn its back against a party in litigation merely because he has proceeded to seek for determination of an issue or matter under a wrong law – Duty of Court to decree in favour of such a litigant relief under the relevant and appropriate law if able to prove or establish right to the relief sought – Whether in order to benefit from the principle the facts relied upon must support the correct law to be applied COURT – JURISDICTION:- The quintessence of jurisdiction COURT – JURISDICTION OF THE FEDERAL HIGH COURT:- Extent of the jurisdiction of the Federal High Court |
| CHIEF (DR.) PERE AJUWA & ANOR V. THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED | COURT – JURISDICTION OF COURT:- Effect of the decision of Court in the absence of jurisdiction |
| CHIEF AMADI DIKE-OGU & ORS. V. OWHONDA FRANK AMADI & ORS. | COURT – DUTY OF AN APPELLATE COURT:- What an appellate court should concern itself with when an appeal is before it |
| CHIEF BERTHRAND E. NNONYE V. D. N. ANYICHIE & ORS | COURT – JURISDICTION:- Situations where objection to jurisdiction can be raised. |
| CHIEF BRIGHT ONYEMEH & ANOR V. MRS. GRACE IWUEZE & ANOR | COURT – DUTY OF COURT:- Duty of a trial court in the evaluation of evidence – whether it is to put all the evidence called by each side on the issue on either side of the imaginary scale of justice, weigh them together, taking care that only evidence of the same kind are put on the imaginary scale or weighed together – how probative value is assigned towards a just and final decision |
| CHIEF D. B. AJIBULU V. MAJOR GENERAL D. O. AJAYI | COURT:- – EVALUATION OFEVIDENCE:- Duty of trial court in evaluation of evidence – Bounden duty of court to consider the totality of the entire case so as to arrive at the just determination of the issues in controversy – Test |
| CHIEF DANIEL ALLISION IBULUYA & ORS. V.CHIEF KALADIKIBO SAMUEL DIKIBO & ORS. | COURT – DUTY OF A TRIAL COURT- duty of assessment of the credibility of witnesses |
| CHIEF DR. OLUSOLA SARAKI V. ALSTHOM S.A. AND SOCIETE GENERAL BANK OF NIGERIA | COURT:- Adjournment – Grant or refusal of – What it involves – Where refused by trial court – Duty on appellate court not to interfere as a matter of course. COURT:- Exercise of discretion by trial court -Attitude of appellate court thereto – When it will interfere therewith. |
| CHIEF ELIJAH OMONIYI AJAYI V. TOTAL NIGERIA PLC | COURT – DUTY OF COURT:- Where a Court of law in the course of a matter finds in illegality punishable under the law, even if not triable in that Court but in another Tribunal – Whether without prejudice to its referring the matter to that Tribunal, that court has a duty to take cognizance of the illegality |
| CHIEF EMMA ONUORAH EMESIM V. HON. CALISTA NWACHUKWU (MRS.) & ORS | COURT – DISMISSAL OF AN ACTION:- Whether court should be reluctant, loath or slow in invoking its power of dismissal COURT – DUTY OF COURT:- What is the primary function of a Court COURT – DUTY OF COURT:- Whether it is the duty of the Court to make law |
| CHIEF EVANS IHESI V. BARRISTER KENNETH ARINZE & ANOR. | COURT – JURISDICTION:- Purport of jurisdiction of a court |
| CHIEF FRANK EBBA V. CHIEF WARRI OGODO & ANOR | COURT – DUTY OF COURT:- duty of trial court COURT – DISCRETION OF COURT:- effect of an appellate court substituting its view of the evidence for that of the trial judge. COURT – DUTY OF COURT:- duty of an appeal court when dealing with issues of findings of fact by a trial court |
| CHIEF FRIDAY PETER IDAH & ORS. V. CHIEF PASTOR S. N. UMOH ORS. | COURT – COURT OF APPEAL:- Powers of the court of appeal |
| CHIEF GREAT O. OGBORU & ANOR V. DR. E. E. UDUAGHAN & ORS. | COURT – JURISDICTION:- The effect of well written judgment delivered without jurisdiction |
| CHIEF GREAT OVEDJE OGBORU & ANOR V. DR. EMMANUEL EWETAN UDUAGHAN & ORS. | COURT – JURISDICTION:- The effect of well written judgment delivered without jurisdiction COURT – JURISDICTION:- What the court should do where its jurisdiction is challenged |
| CHIEF HARRISON IYALA AND 2 ORS V. CHIEF AARON F.D. OFFO AND OTHERS | COURT – Evaluation of evidence of witnesses – Duty placed on a Judge by his role as an unbiased umpire. COURT – Appellate Court – When an Appellate Court will order a retrial. COURT – Order of rehearing or non-suit – When a Court will order. |
| CHIEF ISAAC OLOKUNLADE & ORS V. CHIEF PETER ADEBISI ADEMILOYO | COURT – DOCTRINE OF STARI DECISIS:- Application of the doctrine of stari decisis COURT – DUTY OF COURT:- Duty of court in a claim for declaration of title to land |
| CHIEF ISRAEL ARIBISALA & ANOR. V. TALABI OGUNYEMI & ORS | COURT – Competence/ Jurisdiction:- The Importance of jurisdiction |
| CHIEF J. D. UKPONG & ORS V. THE TRAD. RULERS COUNCIL | COURT:- – When a court is competent to adjudicate – Effect of lack of jurisdiction on court – Difference between jurisdiction and irregularity – Reasons why court may dismiss a suit or motion- whether any trial Judge has the powers to set aside its own Judgment or orders once pronounced |
| CHIEF JACOB CLEOPAS BIARIKO V. CHIEF A.M. EDEH AND ORS | COURT- Findings of fact -Concurrent findings of fact of High Court and Court of Appeal – Attitude of the Supreme Court thereto – Party seeking to set aside same – Onus thereon – How discharged. COURT – Findings or conclusions made by court not appealed against – Effect. COURT – Supreme Court – Jurisdiction of over appeal from court of trial – Whether extant – Section 213 of 1979 Constitution (section 233 of 1999 Constitution). |
| CHIEF JOEL E. BABATOLA V. MRS. MARGARET ADEWUMI | COURT:- – Trial Court – Finding of facts – Duty of the trial court who had the advantage of seeing and hearing the witnesses, to evaluate and ascribe probative value to the evidence adduced at the trial –Reluctance of appellate court to interfere with the findings of fact made by the trial court, especially where such findings touch on the credibility of witnesses – Justification – Duty of appellate courts to interfere, only where the trial court failed in his primary duty to properly evaluate and ascribe probative value to the evidence led at the trial – Need to show there are special circumstances to warrant or justify the interference – Relevant considerations |
| CHIEF JOSEPH AKINBINU AKINNAWO V. CHIEF LISADOKO JOHN OROTUSIN | COURT – EXERCISE OF DISCRETION:- When an appellate Court will interfere with the exercise of discretion by a trial Court or substitute its own discretion COURT – ERROR:- Whether it is not every error of a Lower Court that would lead to its decision being set aside |
| CHIEF KALU IGWE & ORS V. CHIEF OKUWA KALU & ORS | COURT – POWER OF COURT:- Power of court to set aside its judgment |
| CHIEF O. A. AGURA & ANOR V. MR. B. A. I. OROBIYI & ANOR | COURT – JURISDICTION:- Whether the issue of jurisdiction can be raised at by any of the parties |
| CHIEF OLAIDE ONASANYA & ORS. V. CHIEF KOLAWOLE SODARA & ORS. | COURT – RAISING ISSUE SUO MOTU- exercise of discretion |
| CHIEF OSIGWE EGBO V. CHIEF TITUS AGBARA & ORS | COURT – TECHNICALITIES:- Duty of Court to ensure substantial justice |
| CHIEF SIR VICTOR UMEH V. ICHIE OKULI JUDE EJIKE | COURT – POWER OF COURT:- Rule that a trial Court has no right to grant a remedy which has not been claimed by the Plaintiff, because it has no power to do so – Whether a Court of law may award less, but not more than what the parties have claimed – Duty of court in civil cases to render unto everyone according to his proven claims – Justification |
| JUDGMENTS OF NIGERIAN COURTS | |
| By Substantive Areas | By Litigation/Procedure Areas |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
