FIRST BANK OF NIGERIA PLC VS ALEXANDER N. OZOKWERE

SUBJECT-MATTER

ACTION, WORDS AND MEANING, ACTION, APPEAL, JUDGMENT

QUANTUM MERUIT -MEANING OF

UNJUST ENRICHMENT -MEANING OF

PARTIES TO AN ACTION-JOINDER OF PARTIES-RATIONAL FOR MAKING A PERSON A PARTY TO AN ACTION

JUDGMENT-FOREIGN CURRENCY JUDGMENT-WHETHER WITHIN THE JURISDICTION OF NIGERIAN COURT

EVALUATION OF EVIDENCE- PRIMARY DUTY OF A TRIAL COURT -WHEN AN APPELLATE COURT CAN INTERFERE THEREWITH

SETTING ASIDE OF JUDGMENT OF A TRIAL COURT -WHETHER EVERY MISTAKE IN JUDGMENT WILL WARRANT SAME- WHEN MAY BE SET ASIDE ON APPEAL

PERVERSE DECISION-MEANING OF

 “It is however settled law that foreign currency judgments are within the general jurisdiction of the courts of law in Nigeria depending on the facts of the cases” – PER ONNOGHEN, JSC

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NIGERIAN BOTTLING COMPANY PLC vs CHIEF UZOMA UBANI

SUBJECT-MATTER

ACTION, APPEAL, LAW OF EVIDENCE

WAIVER-CONSEQUENCE OF PLEADINGS-AMENDMENT OF –WHEN CAN BE ALLOWED

TRESPASS-WHEN A PLAINTIFF IS ENTITLED TO DAMAGES THERETO

TRESPASS- WHERE A PARTY SUFFERS SPECIFIC LOSSES-HOW CLAIMED

SPECIAL DAMAGES-GRANT OF

STARE DECISIS-PURPORT OF

ISSUE FOR DETERMINATION-WHERE FORMULATED OUTSIDE A PARTY’S CASE-EFFECT OF

ISSUES FOR DETERMINATION-WHERE NOT FORMULATED FROM GROUNDS OF APPEAL-EFFECT OF

“it is trite that where a party has erroneously premised his case on an issue which by its clear ambit does not cover his case as clearly envisaged  by the issue raised for determination his arguments under the said issue literarily goes to no issue and is liable to be struck out as discountenanced”. PER C M. CHUKWUMA-ENEH

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CHIEF ALEX OLUSOLA OKE & ANOR VS DR. RAHMAN OLUSEGUN MIMIKO & 4 ORS

SUBJECT MATTER

ACTION, COURT

MISCARRIAGE OF JUSTICE-WHAT AMOUNTS TO

FINDING OF FACTS-WHEN AN APPELLATE COURT WILL INTERFERE THEREWITH

“When in the course of a proceeding the goal post is shifted to the detriment of one of the parties or where it can be said that from what had transpired from the very beginning of the judicial process or at any point during the exercise of the judicial proceedings that the scale of justice had been tilted to favour one party thus jeopardising the equal right of the other party then a miscarriage has occurred”. PER MARY UKAEGO PETER-ODILI, JSC

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ACTION CONGRESS OF NIGERIA (ACN) & ANOR VS I.N.E.C & ORS

SUBJECT MATTER

ACTION, CONSTITUTIONAL LAW, APPEAL, STATUTES OF LIMITATION, CRIMINAL LAW AND PROCEDURE

PRELIMINARY OBJECTION- EFFECT OF

LIMITATION STATUTE –WHEN IT HAS RUN OUT-WHETHER TAKES AWAY THE RIGHT TO SEEK REMEDY

FRAUD-MEANING OF

CONSPIRACY-MEANING OF

CONSTITUTION-NATURE OF

RIGHT TO APPEAL –NATURE OF-CONDITION PRECEDENT TO THE EXERCISE OF

JURISDICTION OF COURTS- ABSENCE OF-EFFECT ON PROCEEDINGS

STATUTE OF LIMITATION-PROCEEDINGS CONCLUDED OUTSIDE THE TIME LIMIT-HOW TREATED

“Any proceedings concluded outside the time limit, no matter how very well decided, will certainly amount to nothing and will be so declared a nullity. Generally, statute of limitation begins to run from the moment the cause or action arises”. PER OLU ARIWOOLA, JSC

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SENATOR NKECHI JUSTINA NWAOGU V . HON. EMEKA ATUMA & ORSD V HRH EZE PROFESSOR SUNDAY OWUALA & ORD

SUBJECT MATTER

APPEAL/ ACTION – JOINDER OF INTERESTED PARTY

QUALIFICATION OF INTERESTED PARTIES – NATURE OF INTEREST TO QUALIFY A PARTY TO APPEAL AS PERSON INTERESTED OR AS PERSON HAVING INTEREST IN THE MATTER, MUST BE A RECOGNIZABLE INTEREST, IN RESPECT OF A DECISION WHICH PREJUDICIALLY AFFECTS SUCH WITNESS

JOINDER OF PARTIES – RIGHT OF AN ELECTORATE TO JOIN PARTIES

NATURE OF AN APPEAL

PRACTICE AND PROCEDURE- ABUSE OF COURT PROCESS

QUALIFICATION OF AN INTERESTED APPLICANT IN A SUIT

It is also the law that for a person to qualify as a person interested, the applicant must show not only that he is a person having interest in the matter but also the order or judgment of the Court below he is seeking leave to appeal against, prejudicially affects his interest. In other words to succeed in the application, the applicants must show that they are persons who are aggrieved , or persons who are have suffered legal grievances, or persons against whom decisions have been pronounced which have wrongfully deprived them of something or wrongly refused them something or wrongly affected their title to something.PER, MAHMUD MOHAMMED, JSC

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ATTORNEY-GENERAL CROSS RIVER STATE V. ATTORNEY-GENERAL OF THE FEDERATION

SUBJECT MATTER

ACTION – NATURE OF DECLARTORY ACTION

CONSTITUTION – DETERMINATION OF DERIVATIVE ENTITLEMENT

WORDS AND PHRASES – MEANING OF LITTORAL STATE

CONTRACT – MEANING OF FRUSTRATION

If a state is not a littoral state it cannot be paid derivation fund.” PER RHODES-VIVOUR, JSC

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

SUBJECT MATTER –  COMPANY 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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