ACTION CONGRESS OF NIGERIA (ACN) V REAR ADMIRAL MURTALA H. NYAKO AND 6ORS.

SUBJECT-MATTER

PRACTICE AND PROCEDURE – ELECTION PETITION-ELECTION TRIBUNAL-APPEAL-EVIDENCE

“It is trite law and well settled that documents tendered in court must demonstrate their purport and worth through a witness.”

Per  Clara Bata Ogunbiyi J.S.C.

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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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BFI GROUP CORPORATION V BUREAU OF PUBLIC ENTERPRISES

SUBJECT-MATTER

PRACTICE AND PROCEDURE

ENFORCEABLE CONTRACT

DUTY OF COURT

EVIDENCE

It is to be noted right away that it is the duty of a court to take into cognizance the comprehensive and unequivocal wordings of the series of agreements between the parties. This point is rooted on the principle that where there is a dispute between parties to a written agreement as in this case the only authoritative and legal source of the information for the purpose of resolving same is the written document executed by the parties

Per J.A. Fabiyi J.S.C.

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BFI GROUP CORPORATION V BUREAU OF PUBLIC ENTERPRISES

SUBJECT-MATTER

PRACTICE AND PROCEDURE –ENFORCEABLE CONTRACT-DUTY OF COURT-EVIDENCE

PRACTICE AND PROCEDURE –ENFORCEABLE CONTRACT-DUTY OF COURT

 “It is to be noted right away that it is the duty of a court to take into cognizance the comprehensive and unequivocal wordings of the series of agreements between the parties. This point is rooted on the principle that where there is a dispute between parties to a written agreement as in this case the only authoritative and legal source of the information for the purpose of resolving same is the written document executed by the parties”

Per J.A. Fabiyi J.S.C.

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EKPO OBONGHA MBANG V THE STATE

SUBJECT MATTER

CRIMINAL LAW

PRACTICE AND PROCEDURE

MURDER

EVIDENCE

RETRACTION OF CONFESSIONAL STATEMENT

In this case it is settled law that for the prosecution to secure a conviction in a murder charge as per the decision in Kada v. The State (1991) 11/12 SC. 1 it must prove the following ingredients of the crime thus:

The death of the deceased.

That the voluntary  act of omission  of the accused caused the death of the deceased.

That the accused’s act resulted in the death of the deceased having been done with the intention of causing death or grievous bodily harm to the deceased.

That the accused knew that death is the probable and natural consequences of his act or omission.

 There can be no doubt that in criminal cases such as in the instant case, the onus is on the prosecution to establish the guilt of the accused beyond reasonable doubt as settled law implying that unless the prosecution has discharged that onus it is not entitled to succeed.

Per Chukwumah-Eneh J.S.C.

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PORTS AND CARGO HANDLINGS SERVICES COMPANY LIMITED & 3Ors V. MIGFO NIGERIA LIMITED & Anor

SUBJECT-MATTER

PRACTICE AND PROCEDURE                                                                                        

CIRCUMSTANCES WHERE A GROUND OF APPEAL ALLEGES ERROR IN LAW

“It is no longer the law that once a ground of appeal alleges error in law/or misdirection the passage of the judgment concerning same must be quoted” PER SULEIMAN GALADIMA, J.S.C

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PROFESSOR DUPE OLATUBOSUN V TEXACO NIGERIA PLC & ANOR

 

SUBJECT MATTER

PRACTICE AND PROCEDURE –  ENLARGEMENT OF TIME/ APPEAL

ESSENTIALS FOR ENLARGEMENT OF TIME WITHIN WHICH APPELLANT MAY TAKE CERTAIN PROCEDURAL STEPS

EXERCISE OF JUDICIAL DISCRETION

EXERCISE OF DISCRETION OF COURT IN RESPECT OF ENLARGEMENT OF TIME

EXERCISE OF DISCRETION OF COURT IN RESPECT OF ENLARGEMENT OF TIME

DIFFERENCE BETWEEN THE PROVISION OF ORDER 3 RULE 4(1)  AND 4(2) OF THE COURT OF APPEAL RULES 2002

It is quite clear that while the provisions of Rule 4(1) of Order 3 of the Rules are for any application for the doing of anything to which the Rules of the Court apply, such as filing of any processes like briefs of argument or the taking of any step in the proceeding of court like compliance with conditions of appeal, the provision of Rule 4(2) are specifically for enlargement of time within which to appeal and the conditions required under the rule of making the application.” MAHMUD MOHAMMED JSC

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GENERAL ELECTRIC COMPANY V. HARRY AYOADE AKANDE &4 ORS.

SUBJECT MATTER

FAIR HEARING

1. FAIR HEARING- PRINCIPLE OF

2. DUTY OF COURTS- JUDGES MUST HEAR ALL APPLICATIONS MADE BY LITIGANTS.

3. PRACTICE AND PROCEDURE- WHEN AN APPLICATION CAN BE DISMISSED.

    A judge must hear all applications, no matter how simple or frivolous they may appear, and it is only after counsel is afforded a hearing that an order striking out the motion can be said to be appropriate”. Bode Rhodes- Vivour, JSC.

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FEDERAL REPUBLIC OF NIGERIA V MOHAMMED USMAN ANOR

SUBJECT-MATTER

CRIMINAL LAW- PRACTICE AND PROCEDURE-BURDEN OF PROOF IN CRIMINAL CASES –HEARSAY EVIDENCE

CRIMINAL LAW- PRACTICE AND PROCEDURE

When the purpose of tendering a statement is to establish the truth of its contents, and the statement was obtained with the help of an interpreter, both the interpreter and the person who recorded the statement must give evidence in court. The statement is hearsay and inadmissible if the interpreter does not testify in court”  Per Bode Rhodes-Vivour J.S.C.

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PDP V. ROCHAS OKOROCHA & 10 ORS.

SUBJECT MATTER

PRACTICE AND PROCEDURE –

 1. APPEALS- FINAL COURT OF APPEAL IN ELECTION PETITION.

2. CONSTITUTIONAL LAW- PURPORT OF THE PROVISIONS OF S. 285 (7) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA.

3. JUDGMENT- REASONS FOR DECISIONS OF COURTS MUST BE PROVIDED ON TIME.

4. JURISDICTION -ESSENCE OF

5. JURISDICTION- WHEN IT CAN BE RAISED

6. PRACTICE AND PROCEDURE- WHEN COURTS CAN RAISE ISSUES SUO MOTU.

7. JUDGMENT- CONTENTS OF

8. PRACTICE AND PROCEDURE- EFFECT OF CARRYING OUT AN ACT OUT OF TIME

 

“An action or anything done after expiration of the time prescribed is a nullity. Where the limitation of time is imposed in a constitution or statute unless they make provision for extension of time, the court cannot extend time.” Olufunlola Oyelola Adekeye  JSC.

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