MR. DAVID I. KARINGA STOWE ANOR V. GODSWILL T. BENSTOWE ANOR

SUBJECT MATTER

PLEADINGS

RELIEFS IN THE WRIT OF SUMMON NOT STATED IN THE STATEMENT OF CLAIM.

WHEN A COURT OF APPEAL CAN SIT WITHOUT JURISDICTION

 “When an appeal is pending before the court of appeal and issue of jurisdiction is raised and the court of appeal has no jurisdiction to hear the appeal, the court of appeal as a penultimate court should proceed to hear the appeal its merits notwithstanding the fact that it has no jurisdiction.Per Bode Rhodes-Vivour. J.S.C

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EGBULEFU ONYERO &ANOR V. AUGUSTINE NWADIKE

SUBJECT MATTER

PRACTICE AND PROCEDURE

PRACTICE AND PROCEDURE- WHEN WILL AN APPELLATE COURT ORDER TRIAL DE NOVO.

 TORT – TRESPASS TO LAND.

EVIDENCE – BURDEN OF PROOF.

PLEADINGS.

PRACTICE AND PROCEDURE- WHEN WILL AN APPELLATE COURT ORDER TRIAL DE NOVO.

In appropriate cases a court will make an order of retrial when a trial court fails in its duty to make appropriate findings and all the issues of fact.Suleiman Galadima JSC.

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ONAFOWOKAN V WEMA BANK PLC.

Subject Matter

Company Law.

APPEAL-GROUND OF APPEAL-Its  purpose.

APPEAL-OBITER DICTUM– Whether an obiter is appealable.

COMPANY LAW– SEC. 393, C.A.M.A- Purport of.

COMPANY LAW- RECEIVER/MANAGER– How appointed/Powers conferred.

What should be pleaded-Facts must be pleaded  ,not law

The law is trite that a ground of appeal must be against a decision being appealed against and should constitute a challenge to the ratio of the decision.”

Per Mahmud Mohammed, JSC.

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MRS. OLUWASEUN AGBOOLA V. UNITED BANK FOR AFRICA PLC & ORS

Subject Matters.

Land law.

Appeal – Raising of  fresh issues when a matter is on appeal.

Pleadings– Effect of raising issues not contained in pleadings.

Pleadings–  Need for parties to confine themselves  to their pleadings .

Practice and Procedure–  Whether a party can rely on the weakness of opponent’s case rather than prove his  case?

Practice and Procedure –Ownership of property – How  proved.

Land  law–  Status of a  purchaser who takes possession of land pursuant to an unregistered registerable instrument.

Land law- Status of persons who hold interest in land by virtue of a statute.

‘Anything outside the pleadings that is sought to form part of the trial must be ignored as it goes to no issue’

A.M Mukhtar JSC.

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BARTHOLOMEW ONWUBUARIRI & 3 ORS v. ISAAC IGBOASOIYI & 4 ORS.

SUBJECT MATTER-

COURT – Primary duty of a trial court.

COURT –     When the findings of a lower court will be set aside by an appellate court.

LAND LAW – Title to land –  whether it suffices to prove ones title by only one means.

PLEADINGS –  Effect of failure to tender necessary evidence in support of averment in pleading.

PRACTICE AND PROCEDURE – Action for declarative relief- Need for applicant to prove his case.

PRACTICE AND PROCEDURE – The circumstances under which an appellate court can receive additional evidence.

‘In other words, an admission of additional evidence on appeal in support of a pleading which was deemed abandoned by the lower court is the only way by which the principle of abandoned pleading following the non tendering of a pleaded document can be circumvented by law.’

–          per W.S.N Onnoghen.JSC.

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Central Bank of Nigeria v Jacob Oladele Amao

Subject Matter

Statute of Limitation – Section 2(a) Public Officers Protection Act (Where plea that an action  is statute barred shall not avail defendant/appellant) – Doctrine of Continuing Injury.

Non-Compliance with procedure of instituting proceedings – Order 12 Rule 1(1) Federal High Court (Civil Procedure Rules 1999) –The effect of non-compliance and when an application to set aside for irregularity shall not be allowed.

Judicial Review-Steps an applicant seeking same must follow.

“It is important for counsel to note that an issue put before a court must be substantial in nature so as to determine the matter in controversy one way or the other upon its resolution by the court. What is important   therefore is not the number of issues formulated by learned counsel for determination but the quality of the issue(s) so formulated. If a single issue can dispose of a matter one way or the other, why formulate many more to waste the precious time of the court” – Walter Onnoghen  JSC.

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Salzgitter Stahl GMBH v.Tunji Dosunmu Industries Ltd

Subject Matter

Evidence : Meaning of Prima Facie Case/

Pleadings : Facts not pleaded/

Contract : Meaning of “Account Stated” – Contract in foreign currency- The Miliangos case adopted

It is trite law that counsel’s address cannot, however brilliant and logical, constitute evidence in a matter; and so any submission on facts not pleaded goes to no issue.

C. M. CHUKWUMA-ENEH JSC

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