MRS. MARGAREY OKADIGBO V. PRINCE JOHN OKECHUKWU EMEKA AND 2 ORS

SUBJECT MATTER

ELECTION PETITION – JURISDICTION

ELECTION PETITION – JURISDICTION – PRACTICE AND PROCEDURE – LOCUS STANDI

THE NEED FOR A PARTY TO BE CONSISTENT IN ITS PLEADINGS

STATUS OF THE DECISIONS OF THE COURT OF APPEAL IN RESPECT OF APPEALS ARISING FROM THE NATIONAL AND STATE HOUSES OF ASSEMBLY ELECTION PETITIONS

STATUS OF A TRIBUNAL IN RESPECT OF PRE ELECTION MATTERS

it is settled law that a party ought to be consistent in the case he pursues and not as it were, spring surprises on the opposite party from one stage to another. This is so as an appeal is regarded as a continuation of the original action rather than as an inception of a new suit. And so in appeals parties are normally confined to their case as pleaded in the court of first instance” (in this case the trial tribunal). Per C.M. Chukwuma-Eneh, J.S.C.

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PACERS MULTI-DYNAMICS LTD V. THE M.V. DANCING SISTER

SUBJECT MATTER

SHIPPING

SHIPPING – DEFINITION OF BILL OF LADING

SHIPPING – DEFINITION OF NOTIFY PARTY

LOCUS STANDI – Who has locus standi under section 375 of the Merchant Shipping Act 1990

 When goods are damaged during the voyage at sea, it is the de jure consignee who can sue. At that time the de jure consignee has property in the goods” Per Rhodes-Vivour JSC

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ALHAJI SAKA OPOBIYI V LAYIWOLA MUNIRU

SUBJECT-MATTER

ISLAMIC LAW OF INHERITANCE- FAMILY LAW

ISLAMIC LAW OF INHERITANCE- JURISDICTION- LOCUS STANDI

Locus standi is the legal capacity  to institute an action in a court of law. Where a plaintiff is held to lack the locus standi to maintain an action, the finding goes to the issue of jurisdiction- as it denies the court jurisdiction to determine the action. Jurisdiction is in other words, a radical question of competence – a court can only be competent when the case comes by due process of law and upon fulfilment of any condition precedent to the exercise of jurisdiction”. Per Olunfunlola Oyelola Adekeye JSC

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CHIEF GAFARU AROWOLO V. CHIEF SUNDAY OLOWOOKERE

SUBJECT MATTER

CHIEFTANCY MATTERS

LOCUS STANDI – MEANING OF

TRADITIONAL EVIDENCE – ADMISSIBILITY OF

TRADITIONAL EVIDENCE – NATURE OF

Evidence of traditional history is nothing short of evidence of a historical fact transmitted from generation to generation in respect of a family and may in appropriate cases be given by any witnesses who by virtue of their peculiar and special relationship and circumstances before them and their ancestors and are in a position and knowledgeable enough to testify on the traditional evidence in question.PER ADEKEYE JSC

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REV. RUFUS IWUAJOKU ONUEKWUSI & 8Ors V. THE REGISTERED TRUSTEES OF THE CHRIST METHODIST ZION CHURCH

SUBJECT MATTERCOMPANY LAW

COMPANY LAW – Classification of artificial persons- incorporated and unincorporated bodies

COMPANY LAW – Incorporation – Effects of.

LEGAL PERSONALITY – Difference between a Corporation and Unincorporated Association; Perpetual Succession.

LEGAL PERSONALITY – Registered body – Whether death of trustee(s) can deprive it power to sue or be sued.

ACTION – What determines jurisdiction of courts over a subject matter.

ACTION – Cause of action – Competency of- conditions to be complied with.

PARTIES – Unincorporated bodies or entities- Proper party to institute an action.

LOCUS STANDI – Failure to have same- Effect of.

Once trustees have been registered, they become a body corporate by the name in the certificate and shall have perpetual succession. The body becomes a legal entity with powers to sue and be sued in the corporate name. The death of trustees cannot deny the registered body of its corporate existence and capacity to sue

-Per Fabiyi J.S.C

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MRS SINMISOLA CAREW V. MRS IYABO OMOLARA OGUNTOKUN & ORS

FACTS:

The appellant by way of  originating summons , instituted an action against the defendants(respondents) who are executors and executrix  of the Will of a Testatrix , Late Alhaja Adijatu  Ayoola Balogun  who was a client of the appellant. The appellant’s claim was that, the probate fees on the said Will and her professional fees be paid from the Testatrix account at Afribank. The trial court found for the appellant (who was the applicant at the trial court) ,while  the Court of appeal and  the  Supreme Court found for the respondents.

Subject Matter:

Probate

Wills.-Only the executors and the executrix –the beneficiaries- of a Will can administer the estate  conferred therein.

Wills-Services of a solicitor to a Will, what determines the scope and point of termination.

Locus Standi- What determines the competence  or right of a party to institute an action.

Practice and Procedure: Only non- contentious matters should be brought to court through  Originating Summons

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MRS SINMISOLA CAREW   AND    MRS IYABO OMOLARA OGUNTOKUN & 3 ORS

Jolly Tevoru Nyame v. Federal Republic Of Nigeria

Subject Matter – Locus standi – Fundamental aspect of Locus Standi –
The locus of AGF ,AGS and the EFCC  to prosecute crimes all over the Federal Republic of  Nigeria:

“The fundamental aspect of locus standi is that it focuses on the party seeking to get its complaint heard before the court. It is settled law that the plaintiff will have locus standi in a matter only if he has a special interest or alternatively if he can show that he has sufficient or special interest in the performance of the duty sought to be enforced or where the interest is adversely affected.” Walter Samuel Onnoghen – March 5, 2010

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