CASES/JUDGMENTS OF NIGERIAN COURTS RELATED TO “COURT ” PROCEDURES AND PRACTICES
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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CASES/JUDGMENTS OF NIGERIAN COURTS RELATED TO “COURT ” PROCEDURES AND PRACTICES
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| TITLE | MAIN ISSUES |
| MOBIL PRODUCING NIGERIA UNLIMITED V. CHIEF HON. SIMEON MONOKPO | COURTS:– Judgment of – validity of – presumption of. |
| MODE NIGERIA LIMITED V. UNITED BANK FOR AFRICA PLC | COURT:- Supreme Court – Right of audience before the Supreme Court-Who can exercise-Section 15(1) , Supreme Court Act. |
| MOGAJI. V. CADBURY NIG LTD. | COURT:- When an appellate court may allow new points of law not raised in the courts below – Pleadings – Evidence at variance with pleadings – Effect. |
| MOHAMMED OLADAPO OJENGBEDE V. M.O. ESAN | COURT:- Bias or likelihood of bias by a court – Allegation of – Proof of- Onus on party alleging – Relevant considerations. |
| MOJEKWU V. IWUCHUKWU | COURT:- Judgment – A binding judicial declaration or pronouncement – Necessity for same to derive from relevant established principles of the rule of law – Need for a cause upon which such a declaration or pronouncement is founded – Whether there ought to be a relief tied to that cause which must be reasonably necessary or relevant for reaching a decision in the case |
| MOMOH V. OLOTU | COURT:- High Court – Jurisdiction – Chieftaincy – Where there is a registered declaration as to a particular chieftaincy – Whether jurisdiction of the court is ousted. |
| MORAN V. LLOYDS | COURT:- Court of Appeal – Leave to appeal – Necessity – Appeal against order refusing to set aside arbitration award or to remit it to umpire – Whether order refusing to set aside or remit award an interlocutory or a final order. |
| MORIKI V. ADAMU | COURT –Hypothetical and academic questions – duty on court not to entertain same. |
| MR ADELANI ADEWOYIN V. THE EXECUTIVE GOVERNOR, OSUN STATE & ORS. | COURT – TECHNICALITIES:- Whether courts can decide or resolve issues on mere legal technicalities |
| MR DEBO KOKOORIN V. PATIGI LOCAL GOVERNMENT | COURT – DUTY OF COURT:- Duty of Court when a preliminary objection is raised against any step in the proceedings |
| MR. AYODELE IGBOKOYI & ORS V. ALHAJI RAHEEM ADETORO LAWAL | COURT – DUTY OF COURT:- A trial – Nature of – Whether a trial is not an investigation and investigation is not the function of a court – Whether the function of a Court or Tribunal is to decide between the parties on the basis of what has been demonstrated and tested |
| MR. DAVID UMARU & ANOR V. DR. MUAZU BABANGIDA ALIYU & ORS. | COURT – PREVIOUS DECISION OF COURT – When court can depart from its previous decision – When a decision is said to be per incuriam |
| MR. EMMANUEL EKPENYONG & ANOR V. MR. JAY OBANYA & ANOR | COURT – JURISDICTION:- Whether the statement of claim determines the jurisdiction of court to entertain any matter; and its exceptions |
| MR. FRANK OMORODION IGORI V. MASTER OTASOWIE IGORI & ORS | COURT – DUTY OF COURT:- Duty of court of law in all proceedings before it to admit and act only on legal evidence – Where a trial court inadvertently admits evidence which is inherently inadmissible – Proper treatment – Whether not to act on it but rather to discountenance it – COURT:- When a document is unlawfully received in evidence at the trial court – Whether appellate court has inherent jurisdiction to expunge and discountenance the document even though there was no objection to its admissibility at the trial court |
| MR. GABRIEL ULEKE & ANOR V. PRINCESS BENEDICT A. KAKWA & ANOR | COURT – INHERENT JURISDICTION:- Every Court and its inherent jurisdiction to stop an abuse of its process – Dismissal as punishment for abuse of process |
| MR. IBIBIAMA F. G. ODOM & ORS V. THE PDP & ORS | COURT – ACADEMIC ISSUES:- Principle that court will only exercise their jurisdiction with respect to only live issues and would not dabble into matters that are academic, fanciful or hypothetical – When an issue is deemed academic – Relevant considerations |
| MR. JULIUS OGHENEVWEGBA BOBI V. MR. EDOJA RUFUS AKPODIETE & ORS | COURT – DUTY OF COURT:- Duty to apply the facts which it has found correctly to the circumstances of the case before it – Effect of failure thereto – Appeal/Complaint arising therefrom – Whether such a ground of appeal is one of law and not fact |
| MR. KAINJI ALUGE-OBIA V. MARTIN OKONTA & ORS. | COURT – JURISDICTION:- Whether the issue of jurisdiction is no doubt so fundamental to a hearing of a case |
| MR. KAMARU GBADEBO SHITTU V. KWARA STATE POLYTECHNIC, ILORIN & ORS | COURT:- How discretion is exercised- Duty to pronounce on all issues submitted to it for adjudication– When unnecessary to give parties a hearing where a Judge raises an issue suo motu |
| MR. LAMIDI RABIU V. MR. TOLA ADEBAJO | COURT – DISCRETION OF THE COURT:- Whether the appellate court can interfere with the exercise of discretion of the lower court |
| MR. OLANREWAJU ADEROUNMU V. MRS. OLABISI OLAIDE ADEROUNMU | COURT:- Award of Cost – Whether costs follow the event of what transpired throughout the proceedings – Whether awarded to compensate the successful party and not to punish unsuccessful party – restitutio in integrum – Meaning – Need for the award to be made at the discretion of the court acting judicially and judiciously |
| MR. OVUZORIE MACAULEY & ORS V. MR. JOHN ATA & ORS | COURT – JURISDICTION:- Meaning and justification for determination of jurisdiction – Considerations towards determining whether a trial court has the jurisdiction to entertain and determine an action filed before it – Bounden duty to peruse the plaintiffs’ writ of summons and the endorsement containing the reliefs claimed or the originating summons/motion where the action was begun vide that mode and peruse the questions raised under it for determination with the declaration and/or injunctive reliefs prayed for by the plaintiffs – Need to determine same at the earliest opportunity when raised – where court has no jurisdiction to hear and determine a case – Feect |
| MR. R.O. OGUNDAYOMI V. CHIEF AKINBOLU | COURT – POWER OF COURT:- Power of Court in giving its judgment |
| MR. SAMUEL ASONIBARE V. MOHAMMED MAMODU & ANOR | COURT – RULES OF COURT:- Purpose of- Whether court can exercise its discretion in waiving non-compliance – Special circumstances – Whether can warrant deviation from the rules – Duty to prove existence of special circumstances – On whom lies COURT – COURT OF APPEAL:- Jurisdiction – Source appellate jurisdiction – Section 240 of the Constitution – Section 248 – Empowerment of the President of the Court of Appeal to make rules regulating the of the Court |
| MR. SULEMAN MAITO & ORS V. MADAM YEMISI OGUNBODEDE | COURT – WRITING OF JUDGMENT – DUTY OF A JUDGE:- Guiding legal principle that a trial judge at the stage of writing a judgment need to appraise the evidence on each side of the divide and give any such evidence the probative value it deserves before arriving at a just conclusion of the case – Need for judge to determine which of the relevant evidence to believe and whether they are contradicted or not – Need to ensure that at the end of the evaluation process the judgment contains what a proper judgment ought to contain including the full appraisal, evaluation and weighing of the totality of the evidence on record |
| MR. TOYIN BAJELA OKO-OSI V. MRS. R. I. AKINDELE | COURT – CONTEMPT OF COURT:- Meaning – Two types – Contempt in faciae curiae i.e contempt committed in the face (before) the court – Contempt ex faciae curiae i.e. contempt committed outside the court – Distinction – How treated by court When court can deal with the contemnor instaneously – When court is obliged to transfer the charge to another court where the contemnor can be given proper trial on the merits by a different judge |
| MR. WABILLY NYIAM V. DR. (MRS.) ROSE OKO & ORS | COURT – JURISDICTION:- Rules of whether confers procedural but not substantive jurisdiction on a Court or Tribunal |
| MRS E.A LUFADEJU V. EVANGELIST BAYO JOHNSON | COURT – MAGISTRATE COURT:- The learned judge was not right, to have upheld the remand of the Appellant by the Chief Magistrate. There is clearly jurisdictional error on the face of the record of proceedings. She had no jurisdiction as admitted by her. She unlawfully used the concept of holding charge to remand the appellant. Where an inferior court exceeds its jurisdiction, its proceedings are a nullity and a superior court has jurisdiction to annul it. |
| MRS ENO UMO V. CECILIA UDONWA | COURT – EXERCISE OF DISCRETION:- Trial Judge and exercise of discretionary powers donated by the statutes in the award of costs – Whether judicial discretion obligates courts to act according to the rules of reason and justice, not according to private opinion, and according to law not humour – Need for exercise of discretion to be upon facts and circumstances presented in court, from where court must draw a conclusion governed by law |
| MRS. CELILIA KANJAL V. MARY IFOP | COURT – DUTY OF COURT:- to confine itself to the issues submitted to or placed before it by the parties whose dispute it was called upon to resolve – to interpret and apply the relevant laws to the facts and circumstances of a case in the determination of disputes between parties -to afford the opportunity to be heard when it raises an issue suo motu- to make pronouncement on all relevant and material issues or points canvassed by the parties –to expunge inadmissible evidence |
| MRS. ELIZABETH N. ANYAEBOSI V. R.T. BRISCOE (NIG.) LTD | COURT – JUDGE:- Whether a judge is entitled in his judgment to disregard an evidence erroneously admitted at the trial |
| MRS. ENO EKPUK V. MRS. BASSEY ITA OKON | COURT – COURT BEING BOUND BY ITS PREVIOUS DECISION:- Whether an appellate court is bound by an earlier decision of a court of co-ordinate jurisdiction and should therefore not hear a matter already decided by a court of co-ordinate jurisdiction |
| MUHAMMED V. KPELAI | COURT – Addresses of counsel – Denial of right of address – Whether amounts to denial of justice. COURT – Conduct of trial – Role of the trial court in civil cases. COURT – Court processes – Importance of – Duty on counsel in preparation thereof. COURT – Duty of court – Need to ensure justice to all parties. COURT- Object of court – Duty on court to decide right of parties and not to punish them for mistakes made in the conduct of their case. |
| N.B.T.C. LTD. V. NARUMAL LTD. | COURT:- Findings of fact – Duty of trial Court. |
| N.E.P.A. V. ONAH | COURT:- Decision of the Supreme Court – Bindingness of on the Court of Appeal |
| N.I.D.B. V. ADVANCE BEVERAGES INDUSTRIES LTD | Court – Duty on Court to rely on uncontroverted evidence. Court – Jurisdiction of Court – Court that has jurisdiction to entertain a cause of action. Court – Supreme Court – Attitude to concurrent findings of facts by two lower Courts. |
| N.N.S.C. LTD. V. ALH. HAMAJODA SABANA & CO. LTD. | COURT:- Interlocutory applications – Order of Court on effecting or granting substantive relief – Validity of – Discretionary powers of Court – Basis on which made – Orders impossible of obedience, effect of – Affidavits |
| NADI V. OSENI | COURT – Appellate court – Attitude to duplication of issues for determination – Attitude to proof that trial court did not give necessary consequence to evidence at trial – Attitude towards findings of facts of trial court |
| NAFAMA THIMNU V. UNION BANK OF NIGERIA PLC & ORS | COURT:- Role – Whether a court has jurisdiction to raise an issue suo motu and unilaterally resolve it in its judgment without giving parties opportunity to address it on same |
| NAFIU RABIU V. KANO STATE | COURT – SUPREME COURT:- Duty and ultimate responsibility of declaring and interpreting provisions of the Constitution – Need to always to bear in mind that the Constitution itself is, a mechanism under which laws are to be made by the Legislature and not merely an Act which declares what the law is COURT:- Maxims:- “expressium facit cessare tacitum (i.e. what is expressed makes what is implied to cease) ” – “expressio unius est exclusio alterius (i.e. the express mention of the one thing implies the exclusion of the other) ” – “bis vexari pro una et eadem causa” (i.e. twice tried for one and the same offence or cause) ” – Meaning and implication for statutory interpretation |
| NANGIBO V. OKAFOR AND ORS. | COURT – Jurisdiction of court – Jurisdiction of to pronounce on validity of existing law – Whether extant. COURT:- Section 6(6) (d), 1979 Constitution – Purport of – Whether prohibits court from determining validity of existing law. |
| NANTA ORIANWO & ORS V. L. O. OKENE & ORS | COURT – INTERFERENCE BY APPELLATE COURT:- Whether appellate court can interfere with the findings of lower courts |
| NASCO MANAGEMENT SERVICES LIMITED V. A. N. AMAKU TRANSPORT LIMITED | COURT – DUTY OF COURT:- Whether the evaluation of evidence and ascription of probative value to the evidence is a matter primarily for the trial court |
| NATIONAL BANK OF NIGERIA LTD. V. WEIDE AND CO. NIGERIA LTD | COURT:- Supreme Court – Power of to raise issue suo motu – When exercisable |
| NATIONAL ELECTRIC POWER AUTHORITY V. J.O. OSOSANYA | COURT:- Ouster clauses – Ouster clause in section 3 of the Public Officers (Special Provisions) Decree No. 17 of 1984 – When can be invoked – Whether public officer terminated dismissed pursuant thereto – Determination of-Relevant considerations therefor:- |
| NDAYAKO V. JIKANTORO AND OTHERS. | COURT – Declaration of right – Whether a Court will grant in default of defence or on admission COURT – Power of Court to refer to its record. |
| NEPA V. ALLI | COURT:- Blue pencil rule – Whether every point successfully taken can result in upholding an entire appeal – Duty of court thereto COURT:- Duty of court in the valuation of damages – Treatment of uncontradicted valuation on oath by an expert as to value of second hand chattel – When court may deem it necessary to take depreciation into account COURT:- Judicial Notice – Severe inflationary pressure – When court may take judicial notice of in arriving at a just valuation of damages |
| NDIKUM V. QUEEN | COURT -Conviction on counts dismissed by lower court -Criminal Procedure Ordinance Section 435 – Power of appellate court. |
| NELSON V. NELSON | COURT:- Exercise of discretion – Order that solicitor pay cost of proceedings due to client’s bankruptcy – Where solicitor unaware of bankruptcy – Whether proper exercise of court discretion |
| NEW NIGERIA BANK PLC. V. SOLOMON OWIE | COURT:– Duty of trial Court to keep strictly to the pleadings of parties – Whether Court has power to grant relief not claimed before the Court |
| NICON V. POWER AND INDUSTRIAL ENGINEERING COMPANY LIMITED | COURT:- Circumstances under which Supreme Court should disturb concurrent findings of lower courts. |
| NIGERIA INSTITUTE FOR OIL PALM RESEARCH (NIFOR) V. CHIEF ISAAC UDOFA UDOM | COURT – JURISDICTION:- When can the question of jurisdiction be raised |
| NIGERIA-ARAB BANK LIMITED V. BARRI ENGINEERING NIGERIA LTD | COURT:- Chambers sitting – Rules of court permitting same – Whether derogate from constitutional requirement that court proceedings must be in public – Oyeyipo V. Oyinloye (1987) 1 NWLR (PT. 50) 356 distinguished. COURT:- Court proceedings – Need to be conducted in public. COURT:- Duty on courts to conduct proceedings in public – Need for all courts to adhere strictly thereto. |
| NIGERIAN AIR FORCE V. EX.SQN. LEADER A. OBIOSA | COURT:- Court Martial – Power to convene – In whom vested – When may be delegated – Section 131, Armed Forces Decree No. 105, 1993 (as amended) . COURT:- Court Martial – Types of- Jurisdiction of- Sections 129 and 130, Armed Forces Decree No. 105, 1993 (as amended) . |
| NIGERIAN AIRPORTS AUTHORITY V. OKORO | COURT:– Supreme Court – ‘Practice Direction’ of The Supreme Court – Nature of – Bindingness of on lower Courts. |
| NIGERIAN AIRPORTS AUTHORITY V. CHIEF DICK CELESTINE OKORO | COURT – EXERCISE OF DISCRETION:- Whether having regard to the provisions of Order 3 rule 4(1) and Order 6 rule 10 of the Court of Appeal Rules, 1981, (as amended) the Court of Appeal was right in refusing the application before it for reasons, among (sic) others, of non-compliance with the Practice Direction of 26/1/82 issued by the Chief Justice of Nigeria with respect to in the Supreme Court. |
| NIGERIAN NATIONAL PETROLEUM CORPORATION V. CLIFCO NIGERIA LIMITED | PRACTICE AND PROCEDURE – COURT – EXERCISE OF DISCRETION:- Power of court thereto – When may be interfered with on appeal |
| NIGERIAN NATIONAL PETROLEUM CORPORATION V. FAMFA OIL LIMITED & ANOR. | COURT:- Exercise of discretion – Rule that Courts have an unimpeded discretion to grant or refuse a stay – Whether court is bound to exercise same both judicially as well as judiciously and not erratically and even capriciously – Proper treatment of COURT:- Sentiment – Duty of court not to be carried away by sentiments instead of legal points |
| NIGERIAN NATIONAL PETROLEUM CORPORATION V. LUTIN INVESTMENT LTD | PRACTICE AND PROCDURE – COURT:- Duty of the Court in the interpretation of the words as used in a Statute – Where words used are clear and unambiguous – Proper treatment |
| NIGERIAN TELEVISION AUTHORITY V. NIGERIAN PORTS AUTHORITY | COURT – FAIR HEARING – DUTY OF COURT:- Rule of law that it is not the duty of the court to make out a case for the parties – Whether it is is a breach of a party’s constitutional right of fair hearing for a court to make an order which no party has asked for and which the parties were not heard |
| NIGERIAN TOBACCO COMPANY LTD. V. ALLOYSIUS OLUMBA AGUNANNE | COURT – RAISING ISSUE SUO MOTU:- Duty on court when raising same suo motu |
| NIGERIAN UNIVERSAL BANK LTD. & ORS. V. SAMBA PETROLEUM COMPANY LTD. | COURT – DISCRETION OF COURT:- Guidelines before a court can decide to exercise its discretion and grant an application |
| NIKA FISHING CO. LTD V. LAVINIA CORPORATION | COURT:– Role of the court to pronounce on wishes of parties as manifested by the words used in the contract. |
| NIMB V. UNION BANK OF NIGERIA PLC | COURT:- Abuse of court process – How determined COURT:- Courts of co-ordinate jurisdiction – Judgments of – How treated |
| NIPOL LIMITED V. BIOKU INVESTMENT AND PROPERTY CO. LTD. | COURT:- Extension of time within which to appeal suo motu by a court after the time prescribed therefor by statute or rule of practice has expired – Impossibility of. |
| NISHIZAWA LIMITED V. STRICHAND N. JETHWANI | COURT:– Duty to do justice – contrasted with the duty to adhere to procedure in attainment of justice – fundamental duty to do justice emphasized. |
| NKEMJIKA V. EKEOCHA | COURT:– Reliefs – power of court to grant only relief claimed by parties. |
| NKUMA V. ODILI | COURT:- Federal High Court – Exclusive jurisdiction of to entertain civil matters connected with or pertaining to mines and minerals including oil fields – Section 7(1) (d) Decree No. 60 of 1991 and section 230(1) (0) , Decree No. 107 of] 993. COURT:- High Court of a State- Compensation for land used for oil exploration – Claim therefor – Whether within exclusive jurisdiction of Federal High Court – Whether State High Court can entertain. |
| NKWO V. UCHENDU | COURT:- Decision of court – Bindingness of on parties – Whether parties may be permitted to begin fresh litigation on same cause of action. COURT:- Native or customary courts -Issues therein -How determined -Relevant consideration. COURT:- Native or customary courts -Proceedings therein -Attitude of appellate court thereto. |
| NNABUIHE AKOMA EKPO V. CHUKWUEMEKA UKAONU & ORS | COURT:- whether has the right to expunge from the record a document which is wrongly or wrongfully admitted |
| NNAKWE V. THE STATE | COURT:- JURISDICTION:- Factors that must be satisfied before a Court can assume jurisdiction in a criminal trial – jurisdiction and the competence of a court – Whether defect in competence is fatal for the proceedings making its outcome a nullity however well conducted and decided – Section 4(2) (b) of the Penal Code Act – ‘Enter’ in the subsection – Whether applying only to person who voluntarily entered within a jurisdiction – Whether entry into the territorial jurisdiction of the trial court by which ever means is sufficient |
| NNANYELUGO CHIDI AROH V. PEOPLES DEMOCRATIC PARTY & ORS. | COURT – POWER OF COURT:- Nature of the power conferred on the Court of Appeal under Order 4 Rule 2 of the Court of Appeal Rules, 2011 – Power to receive further evidence on questions of fact, either by oral examination in court, by affidavit, or by deposition taken before an Examiner or Commissioner as the court may direct – Whether powers of the Court of Appeal therein conferred is discretionary which must be exercised judicially and judiciously |
| NNPC & ANOR. V. FAMFA OIL LIMITED | COURT – DUTY OF COURT:- Duty of an Appeal Court when hearing appeals |
| NNPC V. IDONIBOYE-OBU | COURT – JUDICIAL PRECEDENT – Supreme Court – principles governing when it will depart from its previous decisions – whether in the instant case the appellant has made out a case justifying departure. |
| NOFIU SURAKATU V. NIGERIA HOUSING DEVELOPMENT SOCIETY LTD & ANOR | SUPREME COURT:- Over-ruling of earlier decisions – when earlier judgment was given per incuriam – Decisions in Moses V. Ogunlabi and Adis Abada V. Adeyemi (1976) 12 SC. 51 which considered that part of the decision in Moses V. Ogunlabi as unsatisfactory but followed it nevertheless – Over-ruled in so far as it is based on the failure of the appellant to execute a bond for the due prosecution of the appeal in that case |
| NTOE ANDREW O ANSA & ORS V. CHIEF E.H. ETIM & ANOR | COURT – DUTY OF COURT:- Duty of Court where the date when cause of action arose is disputed |
| NUHU GIDADO V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS. | COURT – RULES OF COURT:- Whether the rules of court which are contrary to Section 285(5) , (6) and (7) of the constitution can apply to election matters |
| NUHU V. OGELE | COURT:- Power of a Court to look at its record and make use of information therein. Court proceedings- Right of citizens and litigants to observe Court proceedings. |
| NWADIOGBU V. NNADOZIE | COURT – Findings of fact of trial court – principles governing when an appellate court will interfere with same. |
| NWAGBOGU V. IBEZIAKO | COURT:- Attitude of court to late presentation of evidence |
| NWAGU V. THE STATE | COURT:- Trial court – Criminal proceedings – Misdirection as onus of burden on accused person – Duty of appellate court thereto |
| NWAKASI V. NWACHUKWU | COURT:- Court of Appeal – Finding of fact made by trial Court – Attitude to invitation to interfere with the findings of fact of trial court based on preference of one claim over another rival one |
| NWIZIGHA V. OKOSISI | COURT:- Declaration of title – In favour of parties who have not asked for it – Propriety of |
| NWOBOSI V. AFRICAN CONTINENTAL BANK LIMITEDN | COURT:- Academic questions – Attitude of Supreme Court thereto. |
| NWOBU AND ANOTHER V. COMMISSIONER OF POLICE | COURT:- High Court – Appeal from Magistrate’s Court – Jurisdiction to increase Sentence – Basis of |
| NWODE V. THE QUEEN | COURT:- Supreme Court – Assessment of evidence of witnesses – Power of Supreme Court to examine findings of lower Court. |
| NWOGO V. NJOKU | COURT:‑ Declaration of title to land ‑ Doubt as to identity of land in dispute ‑ Attitude of court. |
| NWOKE V. OKERE | COURT:- Juju – Settlement of disputes by recourse to -Attitude of court thereto COURT:- Native court – Where it grants declaration of title to land to a party – Competence of High Court to grant fresh declaration of title on same piece of land to that party. |
| OBA AFOLAYAN ABIOYE V. OBA FELIX ABIDOYE | COURT:- proper order for a court to make when it rules that it has no jurisdiction to entertain a suit |
| OBA E.A. IPINLAIYE II V. CHIEF JULIUS OLUKOTUN | COURT – DUTY OF COURT AND COUNSEL:- Duty of Court and Counsel when an inadmissible evidence has been admitted |
| OBA JAMES ADELEKE & ORS. V. NAFIU ADEWALE LAWAL & ORS. | COURT – INJUNCTION:- Conditions for the grant of interim and interlocutory injunctions – whether discretionary – whether breach of an injunction is a contempt of court – justification for the grant – need to preserve the subject matter ‘res’ in dispute or the maintenance of the ‘status quo’ through the judicial process of the equitable order of injunction – other relevant considerations COURT – INJUNCTION:- Nature of an injunction – as a court order commanding or preventing an action – what a complainant must show to get an injunction – interlocutory injunction – meaning, nature and justification – what the court need to consider |
| OBA OLUWADARE ADEPOJU ADESINA & ANOR. V. JOSEPH OLU OJO & ORS. | COURT – DUTY OF COURT- duty to pronounce on all material issues raised before it –whether bound to pronounce on an issue which has been subsumed in another issue that has been determined- duty to consider the totality of the evidence led by each of the parties |
| OBANTA COMMUNITY BANK LIMITED V. OLUFEMI KAYODE AJAYI | COURT:– Issues raised by parties in their pleadings – duty of court to confine itself to same – duty not to raise issues suo motu and base its decision thereon. |
| OBAREKI V. THE STATE | COURT:- Magistrates’ courts – Procedure – Summary trials -– Whether there is no need to obtain consent separately for each count of charge |
| OBASANJO V. YUSUF | COURT:- Court of Appeal – Exclusive jurisdiction of to entertain election petition arising from presidential election – Section 239(1) (a) , 1999 Constitution. COURT:- Federal High Court -Jurisdiction of to entertain causes and matters arising front operation of Companies and Allied Matters Act, 1990 or any Act regulating operation of companies – Section 259(e) , 1999 Constitution. |
| OBAYEMI V. OBAYEMI | COURT- COURT REGISTRAR:- Matrimonial proceedings – Certification that Decree Nisi has become final and absolute and that the marriage was thereby dissolved – When deemed made per incuriam – Duty of Registrar to search and be satisfied that there is no appeal pending against the decree nisi before filing the return to make the decree absolute – Effect of certification made on Registrar’s volition and without any request from the parties and while an appeal against the Decree Nisi was pending |
| OBAYIUWANA V. EDE | COURT – Jurisdiction of court – Out-of-Court settlement of pending proceedings – Effect on jurisdiction of court to decide the case. |
| OBERE V. EKU BAPTIST HOSPITAL (BOARD OF MGT.) | COURT:- Award of damages by lower Court – When appellate court may interfere – Principles governing. |
| OBIEKEZIE AND OTHERS V. NWEKE AND OTHERS. | COURT:- Exercise of Judge’s discretion – Guiding Principles. |
| OBIJIAKU V. OFFIAH | COURT:- Relief not sought – Power of court to award – Whether extant. |
| OBIKA NWOBI V. HERBERT ANUKAM | COURT:– Findings of fact by trial court – attitude of appellate court thereto. |
| OBIMONURE V. ERINOSHO | COURT:- Appellate proceedings – Failure to notify the opposing party of the institution of the appeal – Competency of appellate judgment – Jurisdiction to set aside judgment given on an appeal – whether conferred by any statute or rule of court or inherent – Whether Customary Courts Rules apply to proceedings in the High Court – High Court Law – Order 26, rule 8 of the High Court Rules |
| OBIOHA V. IBERO | COURT- Inherent jurisdiction of court-Source and scope of- Whether exercisable to reverse, vary or amend court’s own judgment or ruling. |
| OBISI V. CHIEF OF NAVAL STAFF | COURT:- Appellate Court – Duty to pronounce on issues placed before it by parties. COURT MARTIAL:- Constitution of – Whether a Judge Advocate is a member of a Court Martial. COURT MARTIAL-Constitution of- Whether a liaison officer is a member of a Court Martial. |
| OBMIAMI BRICK & STONE (NIG.) LTD. V. A. C. B. LTD. | COURT – Appellate court – Power of to make findings of law. COURT – Court making out different case for the party – Propriety of – Duty on court to confine itself to claims of parties. COURT – Decision of court – Need to give reasons therefor. COURT – Enforcement of contract – Duty on court in respect thereof – Extent of. |
| OBOMHENSE V. ERHAHON | COURT – Adjournment – Grant of by court – Discretionary jurisdiction of court in respect of – How exercised. COURT -Case not made by a party -Duty on court not to make same for the party. COURT -Court of Appeal -Judicial discretion of- Condition precedent to exercise of. |
| OBULOR V. LINUS WESO OBORO | COURT:- Trial judge – Need for Courts of justice to be wary of coming to conclusion on any point not in evidence – Duty to base judgment of a court on all issues pleaded and supported by clear evidence – |
| ODEDEYI V. ODEDEYI | COURT – Trial court amending writ and statement of claim suo motu to award reliefs not claimed – propriety of. |
| ODESCO INTERGRATED RESOURCES LIMITED & ANOR V. INTERCONTINENTAL BANK PLC | COURT – whether High Court has the authority or jurisdiction to conduct judicial proceedings orally and without official record thereof – whether the choice or option by the High Court not to utilize or use the discretionary authority given to it can be the subject of a competent complaint – duty to determine and pronounce on applications before delivery of a final decision in the case |
| ODOEMENA NWAIGWE & ORS V. EZE EDWIN OKERE & ANOR | COURT:- Jurisdiction:- Nature of question or issue of jurisdiction of court. |
| ODOFIN V. AGU | COURT – Jurisdiction of court -Appellate jurisdiction -Where derived. COURT – Jurisdiction of court – Exercise of – Conditions precedent thereto Absence of – Effect. COURT – Jurisdiction of court – Importance of – When issue thereof can be raised – Duly on court when raised. COURT – Inherent jurisdiction of court – Where derived – Scope of -Whether exercisable where court lacks jurisdiction. |
| ODOGWU V. ODOGWU | COURT – Contempt of court – Disobedience of court order – Effect – Attitude of court thereto – Party, in disobedience of order of court – Whether can seek discretion of court. COURT – Discretion of court – Party seeking for its invocation – Duty thereon |
| ODONIGI V. OYELEKE | COURT:- Technicalities – Attitude of court thereto. |
| ODU V. CHIEF TIAMIYU JOLAOSO & ORS | COURT:- Contempt Of Court – Post-judgment proceedings in civil cases – Application made pursuant to the provisions of Part 4 (sections 46 to 73) of the Sheriffs and Civil Process Law, Cap. 118, Laws of Ogun State – Forms 48 and 49 – Legal effect and implications for person against whom they were issued COURT:- Requirement for the signature of Registrar – Effect when signed by judge – Whether proceedings brought thereto is a post-judgment proceedings against a person judicially designated a contemnor – How treated COURT – CONTEMPT PROCEEDINGS:- Types of Contempt proceedings – Contempt committed in facie curiae (in the face of the court) – Contempt ex facie or contempt committed outside the court – Restriction of Forms 48 and 49, made pursuant to Section 63 of the Sheriffs and Civil Process Law, Cap. 118, Laws of Ogun State, 1978 and Order 9 rule 13 of the Judgments (Enforcement) Rules to cases of contempt committed in the face of the court – Relevant considerations |
| ODU V. JOLAOSO | COURT – CONTEMPT OF COURT:- Contempt of court – What amounts to –Person deemed to be a contemnor – How determined COURT – CONTEMPT OF COURT:- Disobedience of court order – Committal therefor – Procedure applicable – Forms 48 and 49 – Purpose of – Where party served therewith has complied with court order – What he should do. |
| ODUKWE V. OGUNBIYI | COURT – Award by court – What court can award – Order 54 rule 2 High Court Rules of Eastern-Nigeria. 1963 – Whether permits court to award in excess of claim. COURT – Judgment of court – Need to be limited to claim before the court – Power in court to grant what is not claimed or excess of what is claimed |
| JUDGMENTS OF NIGERIAN COURTS | |
| By Substantive Areas | By Litigation/Procedure Areas |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
