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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WILLIAMS O. OLAGUNJU V. POWER HOLDING CO. OF NIG. PLC

SUBJECT-MATTER

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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