CASES/JUDGMENTS OF NIGERIAN COURTS ON COURT PRACTICE AND PROCEDURES (4)
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CASES/JUDGMENTS OF NIGERIAN COURTS ON COURT PRACTICE AND PROCEDURES (4)
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| TITLE | MAIN ISSUES |
| CHIEF SUNDAY ORIORIO & ORS V. CHIEF JOSEPH OSAIN & ORS | COURT – JURISDICTION OF COURT:- Whether once jurisdiction of Court is raised, it must be resolved before further step is taken in the matter |
| CHIEF TITUS ANAMASONYE ONWUGBELU V. MR. EJIOFOR EZEBUO & ORS | COURT AND EVIDENCE- DUTY OF COURT:- Duty of court in evaluating evidence before it – Need to refer to all evidence, consider them and if it decides not to rely on any evidence, state so expressly and explain the reason therefore – Whether to simply ignore evidence for any reason cannot be justified in law COURT AND EVIDENCE – DUTY OF COURT:- Evidence not evaluated by trial court – Proof that it is legally inadmissible and irrelevant – Whether important in determining whether the error in ignoring it is substantial or has caused a miscarriage of Justice |
| CHRISTIAN NWOKEDI V. UNION BANK OF NIGERIA PLC | COURT – ORDER OF COURT:- When is an order of court said to be final |
| CHRISTOPHER N. TANKO V. GARDUGA N. NONGHA | COURT – POWER OF COURT:- Whether the Court has the power to speculate or substitute its own views on issues in contention before it outside the evidence adduced and canvassed by the parties |
| CHRISTOPHER OKEKE V. SECURITIES AND EXCHANGE COMMMISSION & ORS | COURT – JURISDICTION OF AN APPELLATE COURT:- Where a plea of lack of jurisdiction and/or breach of the right of fair hearing has been raised, determined and successfully upheld on appeal – Whether the appellate court lacks the vires or jurisdictional competence to proceed to determine the remaining issues on the merits thereof |
| CHRISTOPHER ONJEWU V. KOGI STATE MINISTRY OF COMMERCE & INDUSTRY & ORS. | COURT – JURISDICTION:- Whether where a court had no jurisdiction to make an order that it made it had jurisdiction to rescind it |
| CHUKWUEMEKA N. AGWUNA V. THE ATTORNEY-GENERAL OF THE FEDERATION & Anor | COURT – DUTY OF COURT:- The duty of courts when faced with an ouster clause COURT – Supervisory Jurisdiction over Tribunal:- Whether the High Court has any supervisory jurisdiction over the Special Appeal Tribunal. |
| CHUNGWOM KIM V. THE STATE | COURT:- Administration of justice – Role of a judge thereof. |
| CLAY INDUSTRIES (NIGERIA) LTD. V. ADELEYE AINA & ORS. | COURT:- Decision and ruling of court:- Basis of court’s decision |
| COMMISSIONER OF HEALTH, NASARAWA STATE & ORS V. DR. MICHAEL KLINLONG DADET | COURT – DUTY OF COURT:- Duty of court in the evaluation of evidence |
| COMPAGNIE GENERALE DE GEOPHYSIQUE (NIGLT) CGG NIG LTD V. MOSES AMINU | COURT – JURISDICTION:- Competency of court – conditions precedent – Originating processes and jurisdiction – Need for parties to be properly before the Court for jurisdiction to vest over a matter – failure to serve defendants with originating processes – effect on competency of suit – Duty of court to first determine that it has jurisdiction before proceeding to rule whether that jurisdiction is excluded by statute or not – whether jurisdiction can be raised at any stage of the proceedings |
| CONGRESS FOR PROGRESSIVE CHANGE & ANOR V. HON. EMMANUEL DAVID OMBUGADU & ANOR | COURT – JURISDICTION:- Definition – Whether so fundamental or basic while also being radical that it cannot be ignored or run away from since any decision reached in its absence is a nullity –Whether possible to raise question of jurisdiction at any point in the litigation whether at the very beginning, in the middle of the trial and even at the Supreme Court for the very first time |
| CONTRACT RESOURCE NIGERIA LTD. & ANOR. V. UNITED BANK FOR AFRICA PLC. | COURT:- Interpretation of statute – Construction of the word “May”– Duty of court to examine context of the case |
| CO-OPERATIVE AND COMMERCE BANK (NIGERIA) PLC. V. OGOCHUKWU OKPALA & ANOR | COURT – BUSINESS OF COURT:- Whether the business of the court is to be conducted within the framework of the law, that have inured over the ages COURT – DISCRETION OF COURT:- Whether costs are in the discretion of the Court – Where discretion is exercised judicially and judiciously – Whether appellate court is powerless to interfere with the honest exercise of the court’s discretion |
| CUSTOMARY COURT OF APPEAL EDO STATE V. CHIEF (ENGR.) E. A. AGUELE & ORS. | COURT – BIASED JUDGE:- When the decision of court is considered partisan and the comments of the Judge falling into the definition of a biased judge – where such an imputation is made and upheld – Effect – Whether the substance of the decision, however, sound is destroyed and becomes a nullity COURT – CUSTOMARY COURT OF APPEAL:- Rule that it is not the subject matter of the action in the trial court that automatically confers jurisdiction on the Customary Court of Appeal – Legal implications – When an appeal from Area Customary Court to the Customary Court of Appeal is incompetent for reason of want of jurisdiction – Section 245 (1) of the 1999 Constitution – Whether the right to appeal to the Court of Appeal from a decision of Customary Court of Appeal is only in respect of questions of customary law alone |
| D. OGUNREMI & ORS V. S. OGUNREMI & ORS | COURT:- High Court – Power to grant stay of execution. COURT:- Jurisdiction – Whether rule of court confers jurisdiction. |
| DADA V. DOSUNMU | Court:- Duty to do substantial justice Court:- Supreme Court – land matters – When court will order a retrial if Plaintiff failed to prove identity of land Court:- Trial Court – Ways to challenge |
| DAILY TIMES (NIG.) PLC. V. AKINDIIJ | COURT – Federal High Court – Jurisdiction of in respect of civil causes arising from companies and allied matters – Whether exclusive – Section 230(1)(e) of the Constitution (Suspension and Modification) Decree No. 107 of 1993 and section 7(])(b) of the Federal High Court Act, 1973 as amended construed. |
| DALEK NIGERIA LIMITED V. OMPADEC | COURT:- -Academic question -Attitude of court thereto. |
| DALHATU V. TURAKI | COURT:- Supreme Court – Status of Supreme Court decisions. |
| DANGARI V. THE STATE | COURT:- Criminal Trial – Misdirection as to onus of proof required of prosecution in proving culpable homicide punishable with death – Duty of appellate court thereto |
| DANGOTE GEN. TEXTILE PRODUCTS LTD & ORS V. HASCON ASSOCIATES NIG. LTD & ANOR | COURT – JURISDICTION OF A STATE HIGH COURT:- The jurisdiction of a State High Court under the provisions of Section 270(1) and Section 272(2) of the 1999 Constitution COURT – DUTY/POWER OF COURT:- Principal duty of a court – Whether to decide the rights of parties and not to punish them for mistakes made in the conduct of their cases – Judicial power of courts under section 6 of the 1999 Constitution |
| DANIEL TAYAR TRANS ENT. NIG. CO. LTD. V. ALHAJI LIADI BUSARI & ANOR | COURT – APPELLATE COURT:- Purpose of establishing appellate courts |
| DAUGHTERS OF DIVINE LOVE CONG. & ORS V. EKENE UGWU & ORS | COURT – ABUSE OF COURT PROCESS:- Meaning – Inherent powers of Courts to strike out suits commenced in abuse of its process |
| DAVID IBIDOKUN V. OGUNMOLA ADARALODE | COURT:- –court not to make order that proves academic in nature |
| DAVID ITAUMA V. FRIDAY JACKSON AKPE-IME | COURT – ACTION:- Duty of Court |
| DAWODU V. AGBONAHO | |
| DEDUWA V. THE STATE | COURT:- – CONTEMPT OF COURT – Contempt ex facie curiae and in facie curiae – applicable procedure. COURT:- – Power to commit for contempt – rationale of. |
| DENGE V. NDAKWOJI | COURT:- Allegation of bias ‑ Where made ‑ What court should do. COURT:- Likelihood of bias on part of judicial tribunal ‑ “Real likelihood” Meaning of. |
| DIALA AMAKO V. THE STATE | COURT – TECHNICALITIES:- Attitude of court to technicalities |
| DIAMOND BANK LTD. V. PARTNERSHIP INVESTMENT CO. LTD & ANOR | COURT – POWER OF COURT:- power of the High Court to make inherent power to make Orders |
| DIOKPA V. NNANDO | COURT:- Customary Courts – Degree of procedure to be observed – Test to be satisfied in any suit begun at the customary court relating to declaration of title to land |
| DISTRICT OFFICER V. THE QUEEN | COURT – CUSTOMARY COURT:- Certiorari — Tribunal exceeding jurisdiction — Application by aggrieved party. Native Courts — Review by District Officer — Review introducing a person not a party to case — Native Courts Ordinance, section 28 (1) (a). |
| DISU V. DANIEL-KALIO | Legislation—Supreme Court (Civil Procedure) Rules 1945 (in 1948 Laws of Nigeria. Vol. X) 0.4, R.3. |
| DR. ADEWUNMI ADEYEMI-BERO V. LSDPC & ANOR | COURT – POWER OF COURT:- Whether a court can adjudicate over ancillary claims if it has no jurisdiction to entertain the main claim |
| DR. AKPO MUDIAGA-ODJE V. YOUNES POWER SYSTEM NIGERIA LTD. | COURT – POWER OF COURT OF APPEAL – ERROR:- Duty of appellate court to correct error of trial court – Court of Appeal – Section 15 of the Court of Appeal Act 2004 – Statutory basis for same COURT – POWER OF COURT:- Whether a trial State High Court has power to power to transfer a suit before it to state High Court in another state – Proper order where a state high court finds it has no power to adjudicate over a matter |
| DR. BASSEY ENUN V. MRS. ROSEMARY EKPO | COURT – DISCRETIONARY POWER OF COURT:- Discretionary power of the High Court and Court of Appeal in the consideration of the application to grant leave to appeal as a party having an interest in the matter |
| DR. DARU & ORS V. BARRISTER IBRAHIM AMINU UMAR | COURT – FEDERAL HIGH COURT:- Jurisdiction under the Nigerian Constitution – Exclusive jurisdiction – basis and extent of COURT – PRECEDENT – CONFLICTING DECISIONS- Where lower court is confronted with conflicting decisions of the Supreme Court – Proper treatment of – Whether lower court is bound by the latest judgment – Ratio decidendi and obiter dictum of an appellate court – Which is binding on a lower court |
| DR. IME SAMPSON UMANAH V. OBONG (ARC.) VICTOR ATTAH & ORS | COURT – JURISDICTION:- Whether a judgment obtained by fraud can be used as basis for conferring jurisdiction in court where it has none |
| DR. OLADIPO KAJA V. ALHAJI SALAWU OKE | COURT – ASSESSMENT AND AWARD OF DAMAGES:- Principles guiding assessment of damages in personal injury cases and factors to be considered in assessing damages – Where trial court made no assessment of damages – Whether an appellate court can make the assessment itself if there exists on the record enough evidence on which assessment can be based |
| DR. OLADIPO MAJA V. MR. COSTA SAMOURIS | COURT:- Rules of Court:- Importance of adherence to Rules of Court |
| DR. OSWALD VANDERPUYE | COURT:- Supreme Court – Concurrent findings of fact by lower courts – Attitude of Supreme Court thereto. |
| DR. TAIWO OLORUNTOBA-OJU & ORS. V. PROFESSOR SHUAIB O. ABDUL-RAHEEM & ORS. | COURT – JURISDICTION:- How – jurisdiction is determined |
| DR. TOSIN AJAYI V. PRINCE (MRS.) OLAJUMOKE ADEBIYI & ORS | COURT – JURISDICTION:- Circumstances where an objection to jurisdiction can be raised |
| DR. UMAR ARDO & ANOR V. ADMIRAL MURTALA NYAKO & ORS | COURT:- Whether it was proper for the court below to raise the issue of locus standi of the Appellants suo motu and determine same without hearing from the parties- Extent of powers of court – Duty of court where it raises an issue suo motu |
| DUMEZ NIGERIA LIMITED V. PETER NWAKHOBA & ORS | COURT – DUTY OF COURT:- Whether a court is bound to limit itself to the claim before it |
| E. A. AJETUNMOBI V. ISAAC OMOWUNMI | Magistrates’ Court—Suit by moneylender to recover loan- non-production of memorandum required by section 12 (1) of Moneylenders Ordinance, Cap. 124-Case dismissed-Discretion of Court-Non-suit proper order under proviso to section 46 Magistrates’ Court (Lagos) Ordinance, Cap. 124. |
| E.D. TSOKWA & SONS V. CFAO (NIG) LTD V. C.F.A.O NIG LTD | COURT:- Adjournments – Discretionary power of court in respect of -How exercised – Attitude of appellate court thereto COURT:- Adjournments – Exercise of discretion by trial court in respect of – Attitude of appellate court thereto. |
| E.T AWOLEYE V. BOARD OF CUSTOMS AND ANOTHER. | COURT:- State High Court- Power of transfer of actions –Power of State High Court to transfer to the Federal High Court a matter before it in which it has no jurisdiction since the commencement of the 1979 Constitution -Section 22(3) Federal High Court Act, 1973. |
| EDWIN IKHINMWIN & ANOR V. PRINCE FRIDAY ELEMA & ORS | COURT – FUNCTION OF TRIAL COURT:- Function of the trial court in the appraisal of evidence |
| EFFANGA EFFIOM HENSHAW V. EFFANGA ESSIEN EFFANGA & ANOR | COURT – POWERS OF COURT OF APPEAL:- General powers of the Court of Appeal in its adjudication process – Section 15 of the Court of Appeal Act, 2004 |
| EJEKA V. THE STATE | COURT:- Murder and manslaughter – Meaning and distinction – When trial court can reduce charge of murder to manslaughter – Requirement for extenuating circumstances – Section 179(2) of the Criminal Procedure Law of Eastern Nigeria |
| EKPEZU V. NDEM | COURT:- Findings of fact of trial court -Attitude of appellate court thereto. |
| EKPO V. THE FEDERAL REPUBLIC OF NIGERIA | COURT:- Sentencing – Reasons for awarding maximum sentence – Desirability of giving reasons for sentence. |
| EKWEZE V. ENWELUM | COURT – CONSOLIDATION OF SUITES:- Policy and guidelines governing consolidation of suits. COURT:- Application of wrong procedure – When it will not vitiate proceedings. |
| ELAKHAME V. OSEMOBOR | COURT:- Issues raised – Need for court to confine itself thereto. |
| ELEAZOR OBIOHA V. INNOCENT IBERO & ANOR | COURT – DISCRETION OF COURT:- Whether the supreme court can double say in the same manner. |
| ELENDU V. INDEPENDENT NATIONAL ELECTORAL COMMISSION | COURT:- Whether court can entertain an academic or hypothetical suit |
| ELEPO V. OGANLA | HIGH COURT – EVIDENCE:- Hearing de novo – Need for a trial court not to use previous record of proceedings as an appellate court does |
| ELIZABETH ETIM ENEYO V. ADIM EFFIOM NSA & ANOR | COURTS – APPEAL COURT:- Appeal court – Duty to refrain from unnecessarily interfering with the exercise of discretion by the lower court – Exception thereto – Relevant considerations |
| EL-RUFAI V. THE HOUSE OF REPRESENTATIVES, NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA | COURT:- – Court – jurisdiction – what determines same. COURT:- – Courts jurisdiction – Whether lower court had jurisdiction to entertain suit. COURT:- – Duty of court – Where there is speculation and anticipated fear of violation of the fundamental right of a plaintiff – Whether court can act thereon. |
| EMEKA NWANA v. FEDERAL CAPITAL DEVELOPMENT AUTHORITY | COURT – STARE DECISIS:- Concurring judgment – Where it deals with issue neglected in lead judgment – Propriety – Whether makes it dissenting judgment or obiter dictum – Whether such treatment is deemed ratio decidendi of the court along with lead judgment – Effect COURT – STARE DECISIS:- Meaning – Concurring judgment – Where it deals with issue neglected in lead judgment – Propriety – Whether makes it dissenting judgment or obiter dictum – Whether such treatment is deemed ratio decidendi of the court along with lead judgment – Obiter dictum of Supreme Court – Whether could acquire force- Effect |
| EMIRI V. IMIEYEH | COURT:- Court of Appeal – Power of to amend judgment or order of trial High Court – Where derived – Scope of. COURT:- Court of Appeal – Power of under section 16 of the Court of Appeal Act – Scope of – Purpose of. |
| EMMANUEL EGWUMI V. THE STATE | COURT – JURISDICTION:- When a court is said to be competent – Three relevant considerations – Proper constitution as regards members and qualifications of the members of the bench – Subject matter jurisdiction – Case origination by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction – Duty of court thereto COURT – DUTY OF COURT:- Where a judge is accused of bias or there is an allegation of bias – Whether the judge is expected to disqualify himself from hearing the case |
| EMMANUEL O. UBANI V. THE STATE | COURT:- Supreme Court – Concurrent findings of lower courts – Attitude of Supreme Court thereto. |
| EMMANUEL T. AYENI and ORS V. WILLIAM ABIODUN SOWEMIMO | COURT:- Word which had been so frequently and freely used among members of a group/community that it had acquired the flavour of local colloquialism – Where technically associated with a legal meaning distinct from its colloquial sense – Duty of court thereto |
| ENANG AND OTHERS. V. ADU AND OTHERS. | COURT:- Supreme Court – Whether a party will be allowed to raise a point not raised in the court below if it is a point of substantive or procedural law which needs to be allowed to avoid a miscarriage of justice – Need to obtain leave of court – Objection to hearing of new point on appeal – Proper time for raising such a contention |
| ENDE V. ADODE | COURT:- Land and real estate proceedings – Findings of fact – Duty of appellate court where findings of fact of trial court contradict with his conclusion |
| ENEKWE V. INTERNATIONAL MERCHANT BANK OF NIGERIA LTD | COURT – Court of Appeal – Powers of under section 16, Court of Appeal Act and Order 3 rule 23 of Court of Appeal Rules Scope of – Invocation of – Conditions precedent thereto. |
| ENGINEER NURA KHALIL V. ALHAJI UMARU MUSA YAR’ ADUA (PRESIDENT) AND ORS | COURT:- Rules of court – Need for compliance therewith |
| ENIGWE V. AKAIGWE | COURT:- Enabling provision of a statute – Power of court thereunder – How exercised. COURT:- Impartiality of court in litigation process – Duty on court to maintain – Effect where not maintained. |
| ERHUNMWUNSE V. EHANIRE | COURT:- Customary Court-Practise and procedure in Customary Court-Nature of. COURT:- Customary Court-Proceedings in Customary Court-Ascertainment of what the real subject matter of a case and the real issues raised-How determined. COURT:- High Court-Exclusive jurisdiction of High Court in respect of land subject of Statutory Right of Occupancy. |
| EROKORO V. GOVERNMENT OF CROSS RIVER STATE | COURT – Court of Appeal – Jurisdiction of – Where derived. COURT – Court of Appeal – Power of under Section 16 Court of Appeal Act, 1976 – Aim and scope of |
| EROMA V. QUEEN | COURT:- Trial court – Exercise of discretion – When appellate court may interfere with same |
| ESSANG V. AUREOL PLASTICS LTD | COURT:- – Civil jurisdiction of the Akwa Ibom State High Court under section 22 of the High Court Laws of Cross River State Cap. 51 vol. III applicable in Akwa Ibom State – Conditions precedent to the exercise of same. COURT:- – High Court of a State – Existence of one High Court exercising jurisdiction within the territorial limit of a state under section 270 of the 1999 Constitution – Legal implication |
| EUGENE ANYAEGBU V. YAHAYA HUSSAINI | COURT:- – Evaluation of evidence – proper procedure thereof – need for the trial court to evaluate relevant evidence before making findings of facts. |
| EVANS V. CLAYHOPE PROPERTIES LTD | COURT:- – Receiver – Appointed by court – Remuneration – Receiver appointed to protect or preserve property – Remuneration and expenditure exceeding moneys received in getting in and dealing with property – Whether court has power to order parties to litigation to pay excess. |
| EVBUOMWAN V. ELEMA | COURT:- Technicalities – Attitude of court thereto. |
| EZEANYA V. OKEKE | COURT:- Academic questions – Attitude of the Supreme Court thereto. |
| EZEGBU V. FIRST AFRICAN TRUST BANK LIMITED (CA | COURT:- Exercise of jurisdiction ‑ Condition precedent thereto ‑ Effect of non‑fulfilment of. COURT:- Rules of court ‑ Need to obey. |
| EZEKIEL ADEDAYO V. ALHAJI YAKUBU BABALOLA AND ORS | COURT:- Academic question – Attitude of court thereto. COURT:- Decision of court – Finality of – Binding effect of. COURT:- State High Court – Jurisdiction of – Scope of |
| EZEKIEL APATA V. JAMES OLANLOKUN & ANORz | COURT – APPELLATE COURTS:- Proper attitude an appellate court should have towards decisions of Native and Customary Courts – Need to remember that it is not the form of an action but the substance of the claim that is the dominant factor; that the entire proceedings in such court have to be scrutinized to ascertain the subject-matter of the case and the issues raised therein; that it is permissible to look at both the claim as framed, the findings of fact and even evidence given before such Courts to ascertain what the real issues are |
| EZENDUKA V. NIGERIAN SPANNISH ENGINEERING CO. | COURT:- – Duty of court to enforce the law – Whether could shut its eyes to commission of a crime by allowing a party to plead estoppel to a criminal charge. |
| EZENNAH V. ATTA | COURT:- Conflicting Evidence – Preference of evidence – Need for court to weigh conflicting evidence before preferring one to the other |
| EZENWO NYESOM WIKE & ANOR V. SAMUEL ROGERS ICHENWO & ANOR | COURT – JURISDICTION:- What determines jurisdiction of Court |
| EZENWOSU V. NGONADI | COURT:- Appeal from Court of Appeal to the Supreme Court -Rules guiding procedure therefor – Whether Court of Appeal Rules or Supreme Court Rules. COURT:- Practice Direction No. 1. of 1989 made by President of the Court of Appeal – Scope of -Whether applies to appeals from Court of Appeal to the Supreme Court. |
| EZEONU V. AGHEZE | COURT:- Court of Appeal-Prevention of discontinuance of cases- Whether Court of Appeal has jurisdiction. |
| EZEONWU V. ONYECHI | COURT:- Point on which parties were not heard – Decision thereon by court suo motu – Propriety of – Effect of. COURT:- Reliefs not claimed by parties – Duty on court not to award. |
| EZEWUIHE IKOKU & ORS V. REUBEN EKEUKWU & ORS | COURT – DUTY OF COURT:- What a court needs to consider when determining defence of estoppel per rem judicatam |
| EZUKWU V. UKACHUKWU | COURT:- Evaluation of evidence by trial court-Attitude of appellate court thereto. COURT:- High Court – Jurisdiction of in land matters – Whether limited to land in urban area. |
| F. A. T. B. V. EZEGBU | COURT:- Contempt of Court – Parry in contempt of previous order of court – Whether can seek discretion of court – Whether may be heard by the court. COURT:- Contempt of court – Duty on court to protect its process from contempt. COURT:- Contempt of court – Party in contempt of court – Rule that he will not be entitled to hearing in a subsequent application by him – Exceptions to the rule. |
| F. C. D. A. V. SULE | COURT:- Consideration of issues before appellate court – Duty on it to consider all issues – Exception thereto. |
| F.B.I.R. V. REZCALLAH AND SONS LTD. | COURT:- High Court – Jurisdiction of – Whether it extends to consideration of validity of assessments in action for recovery of tax. |
| F.S.B. INTERNATIONAL BANK LTD. V. IMANO NIGERIA LTD. & ANOR. | COURT:- Rules of Court – whether courts are bound to follow rules slavishly. |
| FABUNMI V. AGBE | COURT:- Court of Appeal – reversing trial Judge’s findings wrongly. |
| FABUNMI V. OYEWUSI | COURT:‑ Abuse of the process of court ‑ Attitude of court thereto. COURT:‑ Duty of court ‑ Duty not to deprive a successful litigant of the fruits of his success. COURT:‑ Stay of execution of judgment ‑ Duty on court in respect of COURT:- Enforcement of judgment of court ‑ Deputy Sherriff executing judgment of court ‑ Whose agent is he ‑ Order 2 Rule 29 judgment (Enforcement) Rules of Oyo State Cap 117 Vol. VI Laws of Oyo State 1978 |
| FADAYOMI V. SADIPE & ORS. | COURT:- Joinder of a person as plaintiff or defendant or strike out a person as such – Wide discretion of court depending on the peculiar facts and circumstances of the case and the overall interest of justice -Exercise of – When appellate court would interfere with same |
| FAJINMI V. SPEAKER, WESTERN HOUSE OF ASS. | COURT:- Legislation providing that legislative Assembly should make rules in respect of parliamentary elections – Assembly failing to – Action brought in normal form – Whether Court helpless. |
| FALADE V. COMMISSIONER FOR EDUCATION | COURT:- Interpretation of ouster of court’s jurisdiction clauses in statutes – Duty on court. |
| FALOBI V. FALOBI | COURT:– Duty of not to refuse substantial justice on technical ground. |
| FALOMO V. BANIGBE | COURT – Court determining interlocutory application – Duty on to refrain from prejudicing the substantive matter. COURT – Court entertaining application for interlocutory injunction – Power of to restrain both parties – When exercisable. COURT – Court of Appeal – Power of under section 16 of the Court of Appeal Act and Order 3 rule 23 of the Court of Appeal Rules in determination of an appeal. |
| FAMFA OIL LIMITED V. ATTORNEY-GENERAL OF THE FEDERATION | COURT:- Rules of court – Non-compliance with the rules of court – Whether renders the proceedings a nullity. COURT:- Technicalities – Attitude of court thereto. |
| FAMUYIDE V. R.C. IRVING AND CO. LTD. | |
| FAROUNBI KAREEM V. FEDERAL REPUBLIC OF NIGERIA | COURT – Power vested in court under section 10(5) of the Special Tribunal Miscellaneous Act 1990 to convict an accused for offence other than that charged – Effect of appellant not challenging exercise of same on appeal – Attitude of court there to. |
| FASEL SERVICES LTD. V. NIGERIAN PORTS AUTHORITY | COURT:– Construction of statutes – duty of court not to construe statutes so as to produce unreasonable result. |
| FATAI OLAYINKA V. THE STATE | COURT:- Duty when an accused retracts a confessional statement |
| FATUNBI V. OLANLOYE | COURT:- Reliefs – Relief not claimed – Whether court will grant. |
| FAWEHINMI V. AKILU (CA1) | COURT:- Court of Appeal – Consideration or pre-empting of matter pending before the Supreme Court – Impropriety of. COURT:- Supreme Court – Original jurisdiction thereof to give declaratory judgments – Whether and when extant. |
| FEDERAL GOVERNMENT OF NIGERIA V. ADAMS OSHIOMHOLE | COURT – Decision of the Supreme Court – Bindingness of on the Court of Appeal. COURT – High Court of State – Territorial jurisdiction thereof – Extent and scope of COURT – Jurisdiction of court – Determination of – Materials court must consider |
| FEDERAL MORTGAGE BANK OF NIGERIA LIMITED V. CHIEF (MRS.) C. E. ADU | COURT:- Rules of Court |
| FEDERAL MORTGAGE BANK OF NIGERIA V. ENGR. JOHN OSA UWADIALE | COURT – JURISDICTION:- Duty of Court where it lacks jurisdiction – Effect on Court proceedings, judgment or orders |
| FEDERAL POLYTECHNIC BAUCHI & ANOR V. ABDULFATTAH ABOABA & ANOR | COURT – COMPETENCY OF COURT:- Rule that a defendant is entitled to raise issues pertaining to jurisdiction – Justification – When a a court is deemed competent – Defect in competence of either the action or court – Whether fatal and the proceedings thereof however well conducted are a nullity |
| FEDERAL POLYTECHNIC IDAH V. ONOJA | COURT:– Exercise of administrative power of court – interference with same – attitude of appellate court thereto. |
| FEDERAL REPUBLIC OF NIGERIA V. MAGAJI IBRAHIM & ANOR | COURT – JUDGMENT AND ORDER – JUDGMENT WRITING:- Rule that judgment writing is an art and each Judge is entitled to and free to follow his style – Minimum requirement – Need for a judge regardless of preferred style to show a clear understanding of the facts and issues raised in the case, the law applicable and from all these he should be able to arrive at a conclusion |
| FEDERAL REPUBLIC OF NIGERIA V. VIJAY LALWANI | COURT – JURISDICTION:- Hearing of a criminal charge while a civil litigation on same matter is pending – Whether there is no statutory provision or principle of law that forbids concurrent criminal and civil proceedings arising from the same matter COURT – JURISDICTION:- Rule that jurisdiction of a court is a hard matter of law that can only be determined in the light of the enabling statute – Whether a court of law cannot add to or subtract from the provisions of a statute – Duty of a court to apply the jurisdictional limits and limitations as contained or provided in a statute |
| FEDERAL REPUBLIC OF NIGERIA V. ANACHE | COURT – Supreme Court – Appellant who desires to invite the Supreme Court to depart from its previous decision – What he must do COURT – Supreme Court – Decision of Supreme Court – Bindingness of on Supreme Court and other lower Courts COURT – Supreme Court – Moot or hypothetical cases – Attitude of Supreme Court thereto |
| FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS V. DR. (MRS) ADAEZE G.N.C. OKOLI | COURT – JURISDICTION:- The judicial power and authority of a court of law to undertake or conduct proceedings in disputes brought before it by parties – Basis of – Whether jurisdiction a pre-condition for its exercise – Legal requirement that once a genuine challenge to the jurisdiction of a court is raised or arises in any judicial proceeding, it should be considered and determined first at the stage it arises and before taking further steps in the case- Failure thereto – Whether fatal COURT – DUTY OF COURT:- Court of Appeal – duty to consider issues on its merit bearing in mind that being an intermediate court, the Supreme Court had said many times that it has a legal duty to decide all issues submitted by the parties for determination – need for a judge of the Court of Appeal to dutifully discharge that obligation in respect of any relevant issue |
| FELIX DICKSON V. CHIEF MARCUS OKOI & ORS | COURT – FUNCTUS OFFICIO:- Meaning – When a court is deemed to have become functus officio in a suit – Effect |
| FESTUS IBIDAPO ADESANOYE V. PRINCE FRANCIS GBADEBO ADEWOLE | COURT:– Abuse of process of court – How treated |
| FIDELITY BANK PLC. V. CHIEF ANDREW MONYE & ORS | COURT – DUTY OF JUDGE:- Whether it is the duty of a judge to make sure he prevents all undue adherence to technicalities and do substantial justice COURT – RULES OF COURT:- The purport of the rules of court |
| FINNIH V. IMADE | COURT – Issues raised by parties – Court applying principle of law not cited by counsel – Whether permissible. COURT – Issues raised by parties – Need for court to confine its 4thereso of the rule. COURT:- Raising issue suo motu – Duty on court. |
| FIRST BANK OF NIG. PLC V. T.S.A. IND. (NIG) LTD | COURT – RULES OF COURT:- Whether a party bringing an application must state the rules under which he is bringing the application |
| FIRST BANK OF NIG. PLC V. CYRIACUS IWUMUNE | COURT – RULES OF COURT – Order 22 rule 4 of the High Court Civil Procedure Rules – import of. |
| FIRST BANK OF NIGERIA PLC V. MAY MEDICAL CLINICS AND DIAGNOSTIC CENTRE LIMITED | COURT:- Judgment and records of court – Where missing before determination of appeal therefrom – What court should do. |
| JUDGMENTS OF NIGERIAN COURTS | |
| By Substantive Areas | By Litigation/Procedure Areas |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
