FIDELITY BANK PLC V CHIEF ANDREW MONYE & 2ORS

SUBJECT MATTER:

ENFORCEMENT OF FUNDAMENTAL RIGHT

 

The normal and acceptable practice of the court

Where an applicant is prevented from having his motion on notice heard on merit.

The law concerning the rule of the court.

It is the law and practice also that a rule of court stands to guide the court in the conduct of its business and not to hold as a “mistress” but as a handmaid.Per I.T. Muhammad, JSC

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HIS HIGHNESS, ALHAJI A. G. MOMOH(IKE – EBE II, THE OTARU OF AUCHI & ORS v. HIS HIGHNESS, ALHAJI I.M. UMORU (THE AIDONOGIE OF SOUTH IBIE) & ORS

SUBJECT MATTER:

LAND LAW.

Law of Evidence – Proof of ownership of land.

Law of Evidence – How to resolve conflicts in traditional history.

 Practice and Procedure – Attitude of the Supreme Court to concurrent findings of the lower courts.

Practice and Procedure – How concurrent findings of lower courts can be challenged.

Administrative law – Effect of the findings or decision of a Commission of inquiry set up by government to review boundary conflicts- whether it operates as res judicata.

Judgment – When is a judgment or finding of a court said to be perverse?

‘The primary duty placed on a plaintiff who comes to court to claim a declaration of title to land is to show the court clearly the area of land to which his claim relates so that the land can be identified with certainty.’

Olufunlola Oyelola Adekeye, J.S.C.

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OGED OVUNWO & ANOR V IHEANYICHUKWU WOKO & 2 ORS

SUBJECT MATTER

LAND LAW

COURT– DUTY OF: CONSEQUNCE OF FAILURE TO CARRY OUT THE DUTY.

COURT– APPELLATE COURT- DUTY OF WHERE A LOWER COURT HAS FAILED TO RESOLVE A VITAL ISSUE PUT BEFORE IT.

JUDGMENT– CONTENT OF

FAIR HEARING – CONSEQUENCE OF BREACH OF IN A PROCEEDING.

Fair-hearing is a fundamental constitutional right as entrenched in the 1999 constitution as amended. And the breach of fair-hearing in any proceedings without more vitiates such proceedings in their entirety; it renders the entire proceedings null and void

Per C.M. Chukwuma-Eneh J.S.C.

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NACENN NIGERIA LIMITED V. BEWAC AUTOMATIVE PRODUCERS LIMITED

SUBJECT MATTER

DETINUE

DETINUE – Distinction between the tort of detinue and conversion

DAMAGES – Award of damages for detinue;  how calculated

EVIDENCE – Evaluation of evidence; duty of trial court

JUDGMENT AND ORDER – When an appellate court can order a retrial

Where a trial judge failed to make findings of facts on issues duly joined by the parties in their pleadings, an appellate court will order a retrial when the evidence is of such a nature that it cannot make its own finding not having seen or heard the witnesses.

Per Muntaka-Coomassie JSC

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