HARKA AIR SERVICES (NIG) LTD v. EMEKA KEAZOR

SUBJECT MATTER – AVIATION LAW.

DAMAGES – WHEN WILL AN APPELLATE COURT INTERFERE WITH THE QUANTUM OF DAMAGES AWARDED BY A LOWER COURT?

PRACTICE AND PROCEDURE – IN WHAT CIRCUMSTANCES ARE REPLY BRIEFS FILED.

PRACTICE AND PROCEDURE –  EFFECT OF FAILURE TO FILE REPLY BRIEFS.

WORDS AND PHRASES – MEANING OF ‘ AIRCRAFT ACCIDENT’ .

Wilful misconduct is a deliberate wrongful act by a pilot, airline staff or its agent which gives rise to a claim for damages by passengers.

Per -Bode Rhodes – Vivour.

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INSTITUTE OF HEALTH AHMADU BELLO UNIVERSITY HOSPITAL MANAGEMENT BOARD V. MRS. JUMMAI R.I. ANYIP.

SUBJECT MATTER

Labour Law.

Labour Law – Right of an employer to terminate his employee’s appointment.

Labour Law–  When will an employment be regarded as having statutory flavour.

Labour Law – Effect of holding an employment with statutory flavour.

Labour Law– Whether an employer is obliged to give reason(s) for terminating an employee’s employment.

Damages –  Damages for unlawful termination of employment- how calculated.

Damages-  Special damages- condition for awarding.

Evidence– Can an employee be dismissed in the absence of  evidence of   commission of crime.

‘ Although it is trite that an employer is not obliged to give any reason for firing his servant all the same it is settled law that where he has proferred any reason at all it is obliged to satisfactorily prove the same as the onus is on him in that regard, otherwise the termination/dismissal may constitute a wrongful dismissal without more.’

C.M . CHUKWUMA- ENEH, JSC.

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SLB CONSORTIUM LIMITED V. NIGERIA NATIONAL PETROLEUM CORPORATION

SUBJECT-MATTER

JURISDICTION

JURISDICTION– Court lacks jurisdiction when processes are not properly signed

PRACTICE AND PROCEDURE – Proper person to sign court processes.

“Once it cannot be said who signed a process it is incurably bad, and rules of court that seem to provide a remedy are of no use as a rule cannot override the law.”

Per Rhodes-Vivour J.S.C

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GUARDIAN NEWSPAPERS LTD & ANOR V. REV. PASTOR C.I AJEH

SUBJECT-MATTER

 LAW OF TORTS

DEFAMATION: – Essential ingredients of same

LIBEL: – what must be pleaded

DAMAGES – Nature of damages awarded once libel has been found

DAMAGES – Factors considered in awarding damages for libel

“In cases of libel, pleadings are of tremendous importance, and so the plaintiff who claims that an article is libellous of him must reproduce the whole article verbatim or the particular passage he complains of in his pleadings. No matter how long the article is it must be reproduced.”

Per Rhodes-Vivour J.S.C

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ANTHONY IBEKWE V. OLIVER NWOSU

SUBJECT-MATTER

EQUITY AND TRUSTS

TRUST – Constructive Trust; applicability of same to the law of property

DAMAGES – Specific performance; when applied

PRACTICE AND PROCEDURE – When the Court will order a Non-Suit

“When property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest, equity converts him into a trustee”

Per Fabiyi J.S.C

NIGERIA NATIONAL PETROLEUM CORPORATION V. CLIFCO NIGERIA LIMITED

SUBJECT-MATTER

ARBITRATION

PRACTICE AND PROCEDURE  – Whether procedural laws  applied in the regular courts are applicable in Arbitral proceedings

JURISDICTION – Whether jurisdiction can be raised after the close of Arbitral proceedings

DAMAGES – Special Damages: How claimed

“A party who did not raise the issue of jurisdiction before the arbitral panel is foreclosed from raising it for the first time in the High Court. The reason being that the foundation of jurisdiction in an arbitration is submission”

Per Rhodes-Vivour J.S.C

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CAMEROON AIRLINES V. MR. MIKE E. OTUTUIZU

SUBJECT- MATTERS

APPEALS- REPLY BRIEF – Essence of- A reply   brief is only necessary when an issue of law or argument in the Respondent’s brief calls for a reply.

CONTRACT-Breach of Contract-Consequential effect- Once breach of contract is established, damages follow.

DAMAGES-GENERAL DAMAGES-Its importance -General damages are awarded by the trial court to assuage a loss caused by an act of the adversary. Damages are awarded to restore the plaintiff as far as money can to the position he would have been if there had been no breach.

DAMAGES-SPECIAL DAMAGES– How to obtain it -To succeed in a claim for special damages a party must plead, particularize, or itemize. It must be claimed specially and proved strictly.

INTERNATIONAL LAW- RATIFICATION– Effect of ratification of the ‘Warsaw Convention’ by a Country-All Countries that are signatories to it applies it without recourse to their respective domestic law.

PRACTICE AND PROCEDURE-It is very well-settled that concurrent findings by the trial court and the court of Appeal would not be disturbed by the Supreme Court except there has been an exceptional circumstance to disturb those findings.

PRACTICE AND PROCEDURE-PARTY– Non- Joinder of a party – Effect on Claim.

PRACTICE AND PROCEDURE-PLEADINGS – pleadings without evidence in support are worthless.

Damages are awarded to restore the plaintiff as far as money can to the position he would have been if there had been no breach.

–          Per Bode Rhodes-Vivour J.S.C.

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OSUN STATE INDEPENDENT ELECTORAL COMMISSION & ANOR V. ACTION CONGRESS & 2ORS

SUBJECT MATTER –

ELECTION PETITION

Whether the National Assembly have the power to make laws for the procedure and conduct of Local Government Council Election.

 

PRACTICE AND PROCEDURE

Fair hearing: what constitute the breach and waiver of same?

Damages: power of court to grant relief not sought.

The law is rather clear and unambiguous that by virtue of the provisions of section 121 of the 1999 of the Constitution and paragraph 11 and 12 of the 2nd schedule to the 1999 Constitution, the National Assembly has the power to make laws to regulate the procedure for the conduct of election to the Local Government Council”.

–    per Muntaka-Coomassie J.S.C

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Alhaja Silifatu Omotayo V.Cooperative Supply Association

Subject Matter:

Land Law – Trespass to Land – Proof of evidence

Procedure: Order of injunction – Circumstances where the court will grant an injunction.

Damages – Where the Court can award damages on trespass to Land

Title to Land: Situations where a Licencee denies or challenges the title of the Landlord

Concurrent findings of facts: Where not disturbed by the Supreme Court

“It is settled that a Claim for trespass, is not dependent on a declaration of title.

Afterwards trespass, is an injury to a possessory right and therefore, the proper plaintiff in an action for trespass to Land, is the person who was or who is deemed to have been in possession at the time of the trespass.”

– per I. F. OGBUAGU JSC

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Mr Felix Nwoye V. Nigerian Bottling Company

Subject Matter:

Damages – The differences between Special Damages and General Damages and the conditions for awarding each.
Appeal: Quantum of damages – principles upon which an appellate court may interfere with award of damages.
Appeal: Raising new issues on appeal – attitude of appellate court to same.
Costs: Types of costs and conditions for awarding each.
Evidence: When wrongfully admitted evidence may not affect the decision of court.

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