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CASES/JUDGMENTS OF NIGERIAN COURTS ON COURT PRACTICES AND PROCEDURES
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|7-UP BOTTLING COMPANY LTD. & ORS V. ABIOLA AND SONS NIGERIA LTD
|COURT – RULES OF COURT:- The function of Rules of Court
|A. AMEH A. AKPA DIGA V. ADAM TONY
|COURTS:- Execution of administrative fiats by heads of courts – Duty of judge against whom an allegation of bias, wrongly or rightly has been levelled COURT – BIAS:- Meaning – The imputation of bias of any kind to a trial Judge including favouritism and selective treatment – Whether does not only diminish the stature and integrity of the judge but destroys the foundation of his judgment, however sound and consistent with the Rule of Court, pleadings and evidence – Whether the safest thing to do is for a trial Judge to pull out from the case on the mention of bias
|A. C. B. V. OBMIAMI BRICK AND STONE
|COURT:- Supreme Court – Whether can entertain appeal or application from High Court.
|A. G. ANAMBRA STATE V. A. G. FEDERATION
|COURT:- Academic question – Right to decline entertaining same. COURT:- Advisory opinion – Whether it is the duty of the Court to give advisory opinion.
|A. G. FED. V. GUARDIAN NEWSPAPERS LTD.
|COURT:- Competence of court – Validity of Decree or power to make Decree – Whether court competent to inquire into. COURT:- Decision of foreign courts – When Supreme Court will not have recourse thereto.
|A. I. C. LIMITED V. NIGERIAN NATIONAL PETROLEUM CORPORATION
|COURT:- Decision of lower court – Where right but based on wrong reasons – Whether appellate court will set aside. COURT:- Decision of court – Basis of – Need to be grounded on facts. COURT:- Functus officio – Doctrine of – Effect of.
|A.A. MAIKORI V. DABO MOHAMMED LERE & ORS
|COURT – DUTY OF COURT/TRIBUNAL:- Whether a court or tribunal can give an order that will affect the right of a person that is not a party to the case
|A.C.B. LTD V. EWARAMI
|COURT:- Inherent discretion of court to grant a declaration – Whether limited by under common law jurisdiction –
|A.C.B. LTD. V. OBA
|COURT – Duty on court not to formulate cases for parties – Need for court to confine its decision to parties’ cases as made out.
|A.G OF CROSS RIVER STATE V. A.G OF THE FEDERATION
|COURT:- Jurisdiction over boundary dispute resolution matters – Power over determination of the boundary of states. COURT – JURISDICTION:- Supreme Court – Jurisdiction in respect of internal boundary matters – Whether exercisable subject to the determination of the boundary dispute by the National Boundary Commission.
|A.G. ANAMBRA STATE V. ONUSELOGU ENTERPRISES LIMITED
|COURT:- Appellate court – Duty to only deal with issues raised by parties
|A.G. FEDERATION V. SODE
|COURT:- Jurisdiction – Courts – Effect of Ouster Clauses Assumption of Jurisdiction – Propriety of Jurisdiction of Court – When determined
|A.G. ONDO STATE V. A.G. EKITI STATE
|COURT:- Appellate court – circumstances when it can interfere with exercise of discretion by trial court.
|ABBAS V. COP (CA)
|COURT:- Federal High Court – Jurisdiction of in respect of civil and criminal matters – Nature and scope of – Sections 230(1) and 230(IA) of the 1979 Constitution (as amended by Decree 107 of 1993) COURT:- Jurisdiction of court – Fundamental nature of – Basis of -Whether can be expanded by the court – Extent of power of court in respect thereof.
|ABBAS V. OLATUNJI SOLOMON
|COURT:- Contempt of court – Civil contempt – Committal therefor Condition precedent thereto – Rules governing – Procedure therefor. COURT:- Contempt of court – Committal therefor – Orders capable of enforcement thereby. COURT:- Contempt of court – What amounts to – Power of court to deal with – How exercisable – Need to exercise with care.
|ABBEY V. ALEX
|COURT – Misdirection be court- Meaning of-When does it occur.
|ABDU KADIRI V. THE QUEEN
|PRACTICE AND PROCEDURE:- Trial Court and findings of fact – When an accused person makes an allegation of facts for the first time under oath which he had neglected to make in extra-judicial statements or other preliminary judicial inquiries – Attitude of court thereto
|ABDU V. THE STATE
|CRIMINAL LAW AND PROCEDURE- COURT:- Duty of a trial court in murder trial which carries a death penalty– Need to be seen as not abdicating its responsibility – Need to approach its task of determining the guilt of the Appellant with every sense of responsibility towards seeing that justice must not only be done but must be seen to have been done – Whether a lower Court can pronounce a death penalty without displaying on the record the reason for doing so
|ABDUL GAFAR V. THE GOVERNMENT OF KWARA STATE
|COURT:- Federal High Court – Whether competent to adjudicate on matters concerning a State government’:- COURT:- Jurisdiction of court -Fundamental nature of -Determinants of COURT:- Jurisdiction of court – Issue of- When raised – Duty on court to determine first.
|ABDUL MAJEED NASIRU V. COMMISSIONER OF POLICE
|CRIMINAL LAW AND PROCEDURE – COURT:- Duty of Magistrate to investigate any complaint before framing a charge and committing a suspect for trial
|ABDULHAMID V. AKAR
|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
|ABDULKARIM V. INCAR
|COURT:- Supreme Court – Power to overrule previous decisions – When exercisable.
|ABDUN KAKA V. MALAMI NAGWANJA
|COURT – EVIDENCE:- Treatment of appeal from Sharia Court of Appeal – Where parties had not used legal practitioner at any stage of the proceedings – Duty of court to review records of courts below
|ABE V. AKAAJIME
|COURTS:- Area, Native or Customary Courts – Proceedings therein – Attitude of common law courts.
|ABEKHE Vs.ALPHA MERCHANT BANK OF NIGERIA PLC
|COURT:- – Decision made ‘per incuriam’ – Effect of.
|ABIETO ALAGOMA & ORS V. SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED
|COURT:- What constitutes abuse of court process – When order for trial de novo is proper
|ABIODUN ADELAJA V. OLATUNDE FANOIKI
|COURTS:- Supreme Court – Departure from earlier decision – Need for Counsel to expressly urge so.
|ABIODUN FAMUROTI V. MADAM S. AGBEKE
|COURT:- Whether can offer explanations suo motu as to the discrepancy between sworn testimony and documentary evidence – Whether can choose which witness to believe
|ABIODUN V. ADEHIN
|COURT:- Native courts – Whether an arm of Native Authority.
|ABIOYE V. YAKUBU
|COURT:- Interpretative function of judges – Need for court to limit itself to what law is and not what law ought to be. COURT:- Power of court – Where a law or an act is unconstitutional – Power o court to declare it null and void.
|ABISI V. EKWEALOR
|COURT:- Court of Appeal – Issues before it – Duty towards. COURT:- Evaluation of evidence – Primary function of trial court -When appeal court may interfere. COURT:- Raising issue suo motu -Appeal court raising suo motu issue not forming grounds of appeal – Whether permissible.
|ABISOGUN V. ABISOGUN
|COURT:- Determination of a case – When court may determine a case without taking evidence. COURT:- Supreme Court – Whether can entertain appeal or application from High Court.
|ABODUNDU V. THE QUEEN
|COURT:- Powers of Federal Supreme Court to order re-trial – Section 11(2), Federal Supreme Court (Appeals) Ordinance.
|ABOGEDE V. STATE
|COURT:- Double compensation
|ABOGUNDE V. LANLOKUN
|COURT:- Reviewing previous judgment not appealed against – Improper
|ABRAHAM OYENIRAN & ORS. V. JAMES EGBETOLA & ANOR.
|COURT – JURISDICTION:- Court with jurisdiction over rural land in dispute COURT – JURISDICTION OF COURT:- Whether the word ‘exclusive’ can fit into the provisions of section 41 with respect to court’s jurisdiction of Customary Right of Occupancy
|ABRAHAM V. OLORUNFUNMI(CA
|COURT:- Trial court – Competence of to rely on its own record. COURT:- Trial court – Duty of trial Judge to confine himself to issues raised before him.
|ABU AND ORS. V. ODUGBO AND ORS.
|COURT – High Court – Citizen’s inalienable right to seek redress in the High Court. COURT – Supreme Court – When its decision will be binding on itself and other courts. COURT – Supreme Court – Whether it can depart from its earlier decision.
|ABU V. KUYABANA
|COURT:- Incompetency of action – proper order to make.
|ABUBAKAR V. UNIPETROL NIGERIA PLC
|COURT:- Preservation of subject matter of litigation – Duty on court thereto.
|ACHIAKPA V. NDUKA
|COURT:- Native court – Nature of jurisdiction – where derived.
|ADAJE V. STATE
|APPEAL COURT:- Finding of fact of trial court – Attitude of appellate court to invitation to interfere with same unless the decision arrived at pursuant to such findings was unreasonable, unwarranted and cannot be supported having regard to such evidence
|ADANA V. ANAJA (CA)
|COURT:- – When can exercise jurisdiction in a cause or matter – Determination of – Relevant considerations
|ADANA V. ONOJA (CA)
|COURT:- Appeal ; order 3 rule 2 (2) of the Court of Appeal Rules 1981 (as amended) provision of. COURT:- Consolidation of two or more suits ; whether the grant of the order of consolidation is technical in nature ; whether the approach of the court is flexible or inflexible. COURT:- Consolidation of suits ; correct approach to be adopted by court in considering an order for consolidation ; effect of improper exercise of the order.
|ADANI & ANOR V. IGWE
|COURT:- Jurisdiction – Absence of at the filing of action – Conferment of at the time of trial – Attitude of Court. COURT:- Jurisdiction – Issue of title – How determined.
|ADEBANJO OLAYINKA V. ADEBOLA ADEPARUSI & ANOR
|COURT – GRANT OF AN ADJOURNMENT:- Whether a court must balance its discretion in granting or refusing to grant an adjournment and by endeavoring to give an appellant an opportunity of obtaining substantial justice
|ADEBISI MACGREGOR ASSOCIATES LIMITED V. NIGERIA MERCHANT BANK LIMITED
|ADEBUSUYI V. BABATUNDE ODUYOYE
|COURT – ESTOPPEL:- Estoppel by record – Whether a dismissed without hearing it on its merit can constitute same
|ADECENTRO (NIGERIA) LIMITED V. COUNCIL OF OBAFEMI AWOLOWO UNIVERSITY
|COURT – DAMAGES:- Special damages – How proved – Nature of proof required. COURT – EQUITY:- Equity and law – When equity will prevail over law
|ADEDEJI ADESANYA V. FEDERAL REPUBLIC OF NIGERIA
|COURT – COURT RECORD:- Whether a court can draw inferences from the facts of the case and the record to determine an issue addressed
|ADEDEJI V. POLICE SERVICE COMMISSION
|TRIBUNALS:- Disciplinary Proceedings – Police Service Commission’s right to regulate its own procedure within requirements of natural justice – Audi alteram partem rule where oral hearing not prescribed
|ADEDIRAN V. INTERLAND TRANSPORT LIMITED
|COURT – JURISDICTION:- High Court- Section 239 of the 1979 Constitution – Need for a High Court in exercising its jurisdiction to follow the procedure or rules provided for it – Effect of failure thereto
|ADEFULU V. OKULAJA
|COURT:- Court orders – Need for government to obey. COURT:- Judgment of trial court – Where declared null and void by appeal court – Effect on trial court. COURT:- Relief not claimed – Power of court to grant – Whether extant. COURT:- Speculation – Attitude of court thereto.
|ADEGOKE MOTORS LTD. V. ADESANYA
|COURT:- Pronouncements of court – Consideration in isolation to facts of case – Propriety. COURTS:- Supreme Court – Power to overrule its decisions – Basis of
|ADEGOKE V. ADIBI
|COURT:- Raising an issue suo motu – Need to hear parties.
|ADEGOROYE V. ALLIANCE FOR DEMOCRACY
|COURT:- – Appellate court – whether same can interfere with the right decision of a lower court arrived at on a wrong reason. COURT:- – High Court – Decision by a trial Judge that action brought by plaintiffs was premature – Whether the decision was right in the circumstance of this case.
|ADEHI V. ATEGA
|COURT- Rules of court-Power of court to ensure that parties comply therewith.
|ADEIGBE V. KUSIMO
|COURTS:- Jurisdiction – Canon and test – Nullity and irregularity distinguished – Customary Courts – Variations in bench. – Effect
|ADEJUGBE V. OLOGUNJA
|COURT:- Case presented to the Court by the parties-Duty on Court to take the case of parties dispassionately and evenly COURT-Conclusion reached by a Court which misconceived the case presented by the parties- Effect of. COURT:- Issues – Whether a Court can suo motu frame issues for the parties.
|ADEKUNLE V. UNIVERSITY OF PORT HARCOURT(CA
|COURT:- – Whether a Judge can raise any issue suo motu and determine same without giving parties to address the court thereto COURT:- Where judges raise issues suo motu – Applicability of a statute – Duty to afford opposing parties opportunity to address court on same – Justification – When failure would be deemed as denial of fair hearing right COURT – JURISDICTION:- Ouster clauses – Where statute oust the challenge of its provisions based on the operation of the Constitution and the principles of fair hearing enshrined therein – Whether court can still assume jurisdiction based on the common law principle of natural justice
|ADELAJA V. ALADE(CA
|COURT:- Duty on court to give adequate consideration to parties cases
|ADELE V. STATE
|COURT:- Evaluation of evidence – Use of “I cannot see my way clear in acquitting the accused” by Judge – Connotation and effect of – Duty on court COURT:- Evaluation of evidence -Where testimony of a witness casts doubt on court – Duty on court.
|ADELEKAN V. ECU-LINE NV
|COURT:- Appellate Court – When will not consider issues for determination. COURT:- Federal High Court – Whether has jurisdiction in cases of simple contract or damages for negligence.
|ADELENWA V. THE STATE
|COURT:- Duty of judge to restrict itself to the consideration of evidence adduced before it – Whether court can reduce a charge of murder to manslaughter without evidence
|ADELUSOLA V. AKINDE
|COURT:- Technicalities – Attitude of court thereto.
|ADENIRAN V. ALAO
|COURT:- Raising issue suo motu – Principles guiding – Court raising issue suo motu – Duty to hear the parties thereon.
|ADESANYA V. OTUEWU
|COURT:- Claim of ownership and exclusive possession – Failure of claimant to prove same – What trial court should do COURT:- Pleadings – Party abandoning pleadings – Duty on court not to made case for him by looking for evidence from the opponent.
|ADESANYA V. PRESIDENT OF NIGERIA AND ANOTHER
|COURT:- Interpretation of the Constitution – Preferred approach to construction of its provisions – Whether one of liberalism, probably a variation on the theme of the general maxim ut res magis valeat quam pereat – Whether it is the duty of court not to construe any of the provisions of the Constitution as to defeat the obvious ends the Constitution was designed to serve where another construction equally in accord and consistent with the words and sense of such provisions will serve to enforce and protect such ends
|ADESINA V. KOLA
|COURT:- Jurisdiction of court – Where court lacks jurisdiction – Whether can clothe itself with jurisdiction.
|ADESINA V. ADEKEYE
|COURT:- – Appellate court – when same will interfere with the findings of facts by trial court.
|ADESINA V. AKINREMI
|COURTS:- Customary Court – Tribunal Chiefs – Whether execution can be levied against them
|ADESOKAN V. ADEGOROLU
|COURT:- Abuse of court process – What amounts to. COURT:- Locus standi – Duty on court in determining locus standi of plaintiff. COURT:- Reasonable cause of action – Determination of – Duty on court.
|ADESOKAN V. ADETUNJI
|COURT:- Obiter dicta – Where it follows a previous decision – How treated. COURT:- Plaintiff lacking locus standi – Proper order for court to make. COURT:- Rules of court – Order 24 rule 4 High Court of Oyo State (Civil Procedure) Rules – Power vested in court thereby. COURT:- Supreme Court – Conflicting decisions of – Whether and when lower court can examine. COURT:- Supreme Court -Conflicting decisions of-Which court should resolve them.
|ADETOUN OLADEJI (NIG) LTD V. NIGERIAN BREWERIES PLC.
|COURT:- Issues before the court – Duty on court not to make case for parties – Duty on to adjudicate only oh claims or reliefs placed before it by parties.
|ADETUNJI AKANDE V. I.N.E.C & ORS
|COURT – ELECTION TRIBUNAL:- Special nature, jurisdiction of an election tribunal and its distinction from civil proceedings
|ADEYEMI V. STATE
|COURT:- Misdirection by the court – Effect thereof.
|ADEYEMI AND OTHERS V. OPEYORI
|COURT:- Jurisdiction of High Court of former Western State – Section 9(I) High Court Law Cap. 44, Vol 11, Laws of Western Nigeria 1959 – Customary Law.
|ADEYEMI V. ADEYEMI
|COURT:- Matrimonial Proceedings – Exercise of discretion to grant Order of divorce on ground of adultery in favour of a petitioner notwithstanding petitioner’s own admitted adultery – Relevant considerations
|ADEYEMI V. OLAKUNRI
|COURT – Court of Appeal – Finding of trial court not appealed against – Whether has power to deal with. COURT- Jurisdiction of court – Issue of- Where raised – Duty on court to deal with timeously.
|ADEYEYE V. ADEWOYIN
|COURT:- Appointment of receiver over property – Order of – What it should contain.
|ADIGUN V. THE SEC., IWO LOCAL GOVT
|COURT – Abuse of process of court – Action filed by party seeking to relitigate issues already determined against him in a previous action – Whether constitutes abuse of court process. COURT – Supreme Court – Decision of- Finality of- When decision of Supreme Court nun be reviewed by it.
|ADISA AND ORS V. ATTORNEY GENERAL KWARA STATE AND ORS.
|COURT – Supreme Court – attitude to procedural technicalities.
|ADO IBRAHIM & COMPANY LTD V. BENDEL CEMENT COMPANY LTD
|COURT – JURISDICTION:- The effect of well written judgment delivered without jurisdiction COURT – JURISDICTION:- What the court should do where its jurisdiction is challenged
|ADOMBA AND OTHERS V. ODIESE AND OTHERS
|COURT – NATIVE COURT – JUDGMENT AND ESTOPPEL:- Validity of judgment on land – Land dispute resolved without the use of land survey map – Need for the description of the land in the proceedings, including the inspection notes in the case to leave no room for doubt as to the identity of the land and the features therein and precise boundaries of the land in dispute – Failure thereto – Whether such judgment can operate as estoppels per rem judicata
|ADOSCO NIGERIA LTD. & ANOR V. CHILEWA INVESTMENT LTD.
|COURT – JURISDICTION:- Whether the defect in the writ of summons will affect the competence or jurisdiction of a court over a matter
|AFISI V. LAWAL
|COURT – Jurisdiction of court – Nature, essence and importance of – Attitude of court thereto.
|AFRICAN CONTINENTAL BANK LTD. V. IHEKWOABA
|COURT:- Appellate court – Power of to hear appeals – Extent of power – How determined
|AFRICAN CONTINENTAL BANK LIMITED V. NNAMANI
|COURT ‑ Exercise of discretion ‑ Principles guiding court.
|AFRICAN CONTINENTAL BANK LTD. V. ELOSIUBA
|COURT – Exercise of discretion – Negligence of counsel – Effect on court’s grant of discretion.
|AFRICAN CONTINENTAL BANK LIMITED V. AWOGBORO
|COURT – Interlocutory injunction – Criteria for grant – Duty on court. COURT – Mareva jurisdiction – Purpose of – When exercised.
|AFRICAN CONTINENTAL BANK LTD. V. ADEBESIN
|COURT – Installment payment – Power to grant. COURT – Raising issue suo motu – Duty on court in respect thereof . COURT – Re-examination of ‘validity of its own judgment – Propriety of.
|COURT-Interlocutory injunction –Application for-Consideration of-Duty on court not to consider issues to be decided in the substantive case.
|AFRICAN CONTINENTAL BANK PLC V. BENEDICT O. NBISIKE
|COURT – POWER OF COURT:- Whether a court of law can award to a plaintiff a substantive relief he has not specifically claimed COURT – RAISING ISSUE SUO MOTU:- Whether where a court decides to raise an issue suo motu it is mandatory for the court before deciding the issue to give parties the opportunity to address it
|AFRICAN CONTINENTAL BANK PLC V. LOSADA NIGERIA LTD. & ANOR
|COURT – Court order – Interpretation of – Guide thereto. COURT – Raising issue sun main – Power of court to do so- When court can resort to – Duty thereon where it does so.
|AFRICAN CONT. SEAWAYS LTD V. NIG. DREDGING RD. AND GEN. WRKS. LTD
|COURT:- Duty not jump into the fray by restricting itself to issues raised by parties – Whether court has power to pronounce on issues not raised by parties
|AFRICAN NEWSPAPERS OF NIGERIA LTD. V. FEDERAL REPUBLIC OF NIGERIA
|COURT:- Jurisdiction-Federal High Court – Charge of seditious publication – Criminal jurisdiction of court limited to offences connected with or pertaining to revenue of Federation – Preliminary objection to courts’ competence overruled – Whether proper.
|AFRICAN REINSURANCE CORPORATION V. JDP CONSTRUCTION NIGERIA LIMITED
|COURT:- Abuse of process of court – meaning of – party who has appealed against a judgment and applied to stay its execution – whether it is an abuse of process for the party to subsequently apply to a higher court to set aside the said judgment.
|AFRO CONTINENTAL NIGERIA LIMITED V. AYANTUYI
|COURT – Court of Appeal – Power of to extract undertaking as to damages in application for injunction where trial court failed to do so – Where derived. COURT -Court of Appeal – Power of under Section 16, Court of Appeal Act, 1976 – Extent.
|AFZAL AND OTHERS V. FORD MOTOR CO LTD
|A-G ANAMBRA STATE V. ROBERT C. OKAFOR
|COURT:- Court granting a relief not asked far – Propriety of – Incompetent order-Order, though erroneous, within the court’s jurisdiction – Distinction between – Courts supervisory powers – Scope of Supervisory powers -Scope of – Interlocutory application – Purport of – Whether would enure far act already carried out – Interlocutory order – When terminable.
|AGBAISI V. EBIKOREFE
|COURT – Document not tendered as exhibit – Whether court can look thereat.
|AGBAJE V. ADIGUN
|COURT:- Raising fresh paints at Supreme Court – Considerations -Absence of Counsel at hearing after filing brief-Effect -Abandoned Notice of Appeal – Effect
|AGBAJE & ORS. V. ADELEKAN & ORS.
|COURT – SUBSISTING JUDGMENT:- Subsisting judgment of a Customary Court pertaining to an issue over which it has jurisdiction – Where not appealed – Whether effect can be set aside by a High Court in another matter initiated at the High Court connected to the subject matter of the Customary Court order
|AGBANA V. OWA
|COURT:- Concurrent finding of facts by two lower courts – Attitude of the Supreme Court thereto.
|AGBEYEGBE V. SEISMOGRAPH SERVICES (NIG.) LTD
|AGBI V. OGBEH (CA)
|COURT – Appeal court – non-compliance with rules of procedure – when same can be overlooked. COURT – High Court – whether can set aside judgment and proceedings of an inferior court tendered before it.
|AGBI V. OGBEH (SC)
|COURT – Relief not sought by either party – Whether a Court can grant same. COURT – Supreme Court – Concurrent findings of facts by the lower Courts – Attitude of Supreme Court thereto.
|AGHADIUNO V. OFOEDU
|COURT – Decision of trial court – essential focus of an appellate court – when considering whether same is correct. COURT – Findings of trial court – When not challenged on appeal – Duty of appellate court not to disturb same – Rationale for.
|AGIDIGBI V. AGIDIGBI
|COURT – Costs – Award of costs – Principle governing.
|AGINA V. AGINA
|COURT – JURISDICTION:- Court of Appeal – An appeal directed to a division of the Court of Appeal – Competency of – Whether there is only one Court of Appeal – Legal status of divisions of Court of Appeal
|AGOMUO V. AGIJWA
|COURT ‑ Native land tenure system ‑ Trial court disbelieving custom established by evidence ‑ Effect.
|AGU V. IKEWEBE
|COURT:- Decision of court – When will operate as estoppel per rem judicatam or issue estoppel – Relevant considerations
|AGWASIM V. OJICHIE
|COURT – Abuse of court process – Determination of whether there is abuse – Relevant consideration. COURT – Abuse of court process – What amounts to – Instances thereof. COURT – Abuse of court process – Supreme Court – Power of to prevent.
|AGWUNA V. ATTORNEY-GENERAL OF THE FEDERATION
|COURT – Interpretation of laws – Duty on court to interprete law as it is and not as it ought to be. COURT:- Issue of jurisdiction – Ouster clause – Where raised – Duty of court faced therewith.
|AGWUNA III V. ISIDINSO
|COURT:- Power of Court of Appeal to receive further evidence
|AHMADU V. SALAWU
|COURT:- Duty of court not to allow procedural irregularities to preclude case from being scrutinized and determined on merits.
|AHMED V. STATE
|COURT:- Findings of fact – Attitude of appellate court thereto – When it will not interfere therewith.
|AINA ARUPE OBAWOLE AND ORS V. ADEKUNLE AGANGA OBAWOLE AND ORS
|COURT – Raising of issue suo motu by court and resolution of same without hearing parties – Propriety of.
|AIYELABEGAN KAYODE A. & ANOR V. SALMAN ABDULFATAI & ORS.
|COURT- whether court has the authority to raise an issue suo motu and decide the case one way or the other without inviting the parties to be heard
|AIYETORO COMMUNITY TRADING COMPANY LTD. & ANOR V. NIGERIAN AGRICULTURAL AND CO-OPERATIVE BANK LTD.
|COURT – DUTY OF COURT:- Duty placed on an appellate court where inadmissible evidence has been received
|AJADI V. OKENIHUN
|COURT:- Misdirection – Customary Court’s findings that plaintiff’s acts of ownership proved – Reversal by High Court based on misconception (due to similarity of names) that both parties relied on acts of ownership of one and same person, a defence witness – Miscarriage of justice – Appeal on question of facts – Duty of appellate Court in such circumstances.
|AJAKAIYE V. IDEHAI
|COURT – Chieftaincy Declaration – Where validly made under enabling law – Limitation on power of court in respect of – Whether court can declare it null and void. COURT – Prayer not sought from court – Duty on court not to grant.
|AJALYN SHOES LIMITED V. AKINWANDE
|COURT – Raising issue suo motu – Need for court to be wary thereof. COURT – Rules of Court – Recourse to foreign rules – When necessary -When unnecessary.
|AJAYI V. OMOROGBE
|COURT -Court of Appeal -Power to dismiss appeal for want of jurisdiction-Basis of – How exercised. COURT – Inherent jurisdiction – Meaning of – When it will be invoked.
|AJERO V. UGORJI
|COURT – Trial court – Duty of to make findings of fact.
|AJIA V. THE NIGERIAN ARMY
|COURT – Court Martial – competent authority to confirm the findings or sentence of a Court Martial under section 152(1) of Armed Forces Decree No. 105 of 1993. COURT – Court Martial – General Court Martial and Special Court Martial – Competent authority to convene same under section 131(1)(2) AND (3) of Armed Forces Decree No. 105 of 1993.
|AJIBOYE V. ISHOLA
|COURT:- Duty of trial Court to evaluate evidence.
|AJIDAHUN V. THE STATE
|COURT ‑ Defence of accused ‑ Duty on court to consider COURT ‑ Statement of accused‑ Imperfect or unsatisfactory interpretation thereof ‑ Attitude of court.
|AJILOWURA V. DISU
|COURT:- Supreme Court – Duty on a party who invites the Supreme Court to depart or overrule its earlier decisions. COURT:- Supreme Court- The two decisions of the Supreme Courtof Nigeria in Bamhe V. Aderinola (1977) All NLR 5 and Dada V. Ogunsanya (1992) 3 N WLR (Pt. 232) 754 – Whether conflicts with each other – Whether the Supreme Court decided that the issue of locus standi being a point of law cannot be raised in motion in the case of Dada V. Ogunsanya – Whether the case decided that statement of defence must be filed before locus standi can be raised.
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES