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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STATUTE OF LIMITATION
PRACTICE AND PROCEDURE – Whether the defence of statute of limitation can be raised in limine without the filing of statement of defence.
“A defendant who pleads the defence of statute of limitation need not call or adduce evidence if the facts needed to establish the defence can be gleaned or are contained or apparent in the case presented by the plaintiff as the defendant can rely on the plaintiff’s case to successfully establish the defence”
Per Onnoghen J.S.C
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