FIRST BANK OF NIG. PLC V TSA INDUSTRIES LTD

SUBJECT MATTER

NUMBER OF TIMES AN APPLICANT CAN BRING UP THE SAME APPLICATION

WHAT CONSTITUTE ABUSE OF JUDICIAL/ COURT PROCESS

WHEN THE TERM ABUSE OF COURT PROCESS IS APPLIED 

WHEN THE SUPREME COURT WILL SET ASIDE ITS OWN JUDGEMENT

  1. When the judgement is obtained by fraud or deceit either in the court or of one or more of the parties. Alaka V Adekunle (1959) LLR 76, Plower V Lloyd (1877) 6 Ch. D 297, Olufunmise V Falana (1990) 3 NWLR (Pt 136) 1
  2. Where the Judgement is a nullity and a person affected by the order of court which can be described as a nullity is entitled ex debito justicia to have it set aside Shen Consult Ltd Vs Ukey (1881) 1 SC6, Craig V Kansen (1943) 1 KB 256, 262 and 263. Ojiako & 7 Ors V Ogueze (1962) 1 SCNLR 112 Okafor & Ors V A.G Anambra State & Ors (1991) 6 NWLR (Pt. 200) 659 at 680.
  3. When it is obvious that the court was misled into giving judgement under a mistaken belief that the parties consented to it. Agunbiade V Okunoga & Co (1961) All NLR 110, Obimonure V Erinosh O (1966) 1 All NLR 250
  4. Where the Judgement was given in the absence of jurisdiction. Madukolu Vs Nkemdilim & Ors (1962) 2 SCNLR 341. Sken Consults V Ukey (1981) 1 SC. 6
  5. Where the procedure adopted was such as to deprive the decision or judgement of the character of a legitimate adjudication. Igwe & Ors Vs. Kalu & Ors (2002) 14 NWLR (Pt. 987) 435, (2002) 12 SCM 89 Alao Vs ACB Ltd (200) 9 NWLR (Pt. 672) 264. ARIWOOLA JSC

Click Here to View Case

Advertisements

SHINNING STAR NIGERIA LIMITED & Anor V. ASK STEEL NIG. LTD & 2Ors

SUBJECT MATTER –

APPEAL – Interlocutory Application- what the court ought to do when an issue in the interlocutory application is the same as one in the substantive appeal.

APPLICATIONS– Interlocutory Application- The need to diligently prosecute the substantive suit rather than attempt to resolve issues through interlocutory applications.

APPLICATIONS– Interlocutory Applications – Instance when prayers in an interlocutory application will not be granted.

PARTIES – Changing of parties when a suit is on appeal.

‘I am inclined to this view because of the settled principle of law that a court cannot, in an interlocutory application, decide an issue in the substantive case or appeal.’

–          per Tabai JSC.

Click Here to View Case