ATTORNEY-GENERAL CROSS RIVER STATE V. ATTORNEY-GENERAL OF THE FEDERATION

SUBJECT MATTER

ACTION – NATURE OF DECLARTORY ACTION

CONSTITUTION – DETERMINATION OF DERIVATIVE ENTITLEMENT

WORDS AND PHRASES – MEANING OF LITTORAL STATE

CONTRACT – MEANING OF FRUSTRATION

If a state is not a littoral state it cannot be paid derivation fund.” PER RHODES-VIVOUR, JSC

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G.N. NWAOLISAH V PASCHAL NWABUFOH

SUBJECT-MATTER – CONTRACT

PRACTICE AND PROCEDURE – Appeal; need to seek leave where necessary

WORDS AND PHRASES – Meaning of ‘in pari delicto’ 

SALES OF GOODS – What constitutes frustration in mercantile contracts

A contract is not frustrated merely because its execution becomes more difficult or more expensive than either party originally anticipated and has to be carried out in a manner not envisaged at the time of its negotiation.

Per Adekeye J.S.C

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HON. ZAKAWANU I. GARUBA & 8ORS V. HON. EHI BRIGHT OMOKHODION.

SUBJECT MATTER- APPEAL.

Practice and Procedure –  Whether a fresh issue can  be raised when a case is on appeal.

Appeal– Grounds of appeal must  arise from the ratio decedendi of the decision that is being challenged.

Practice and Procedure – Need for counsel to be meticulous while compiling record of appeal.

Practice and Procedure – Bindingness of record of appeal on parties, their counsel and the court.

Words and Phrases–  Meaning of ‘decision’ .

It is settled law that courts, the parties and their counsel are bound by the record of appeal. And so no court has the jurisdiction to go outside the record to draw conclusions which are not supported by the record

PER C.M CHUKWUMA- ENEH, JSC.

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HARKA AIR SERVICES (NIG) LTD v. EMEKA KEAZOR

SUBJECT MATTER – AVIATION LAW.

DAMAGES – WHEN WILL AN APPELLATE COURT INTERFERE WITH THE QUANTUM OF DAMAGES AWARDED BY A LOWER COURT?

PRACTICE AND PROCEDURE – IN WHAT CIRCUMSTANCES ARE REPLY BRIEFS FILED.

PRACTICE AND PROCEDURE –  EFFECT OF FAILURE TO FILE REPLY BRIEFS.

WORDS AND PHRASES – MEANING OF ‘ AIRCRAFT ACCIDENT’ .

Wilful misconduct is a deliberate wrongful act by a pilot, airline staff or its agent which gives rise to a claim for damages by passengers.

Per -Bode Rhodes – Vivour.

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JOSEPH AMOSHIMA V THE STATE

SUBJECT-MATTER

CRIMINAL LAW

APPEAL – ISSUES FORMULATED IN AN EARLIER APPEAL – HOW TREATED.

CONSTITUTIONAL LAW – SECTION 4 OF THE 1999 CONSTITUTION – DUTY OF THE LEGISLATURE.

FUNDAMENTAL HUMAN RIGHT – RIGHT TO LIFE- QUALIFIED, NOT ABSOLUTE.

INTERPRETATION OF STATUTE – USE OF THE WORD ‘SHALL’ IN AN ENACTMENT.

JURISPRUDENCE – CONSTITUTIONALTY OF THE DEATH SENTENCE IN NIGERIA.

PRACTICE AND PROCEDURE – MAXIMUM AND MANDATORY SENTENCES- WHEN CAN THE COURT EXERCISE DISCRETION.

WORDS AND PHRASES – ‘GOVERNMENT’ – MEANING OF.

It is settled law also that where a statute prescribes a mandatory sentence in clear terms as in the instant case, the courts are without jurisdiction to impose anything less than the mandatory sentence as no discretion exists to be exercised in the matter. It is a duty imposed by law.

Per Walter Samuel Nkanu Onnoghen. J.S.C.

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WACHUKWU & ANOR v. OWUNWANNE & ANOR.

SUBJECT MATTER:

LAND LAW.

Appeals-  Ground of Appeal- When will it be incompetent.

Evidence-  Proof of traditional history.

Practice and Procedure- When the Supreme Court will interfere with the concurrent decisions of two lower courts.

Words and Phrases-     Distinction between ‘Contradiction’ and ‘Discrepancy’ .

‘It is not all contradictions that result in the rejection of the evidence of the witness. It is only those that are material and result in miscarriage of justice that would warrant such a rejection of evidence’

I. T. MUHAMMAD, JSC.

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MR SUNDAY ADEGBITE TAIWO .V. SERAH ADEGBORO,SOCIETE GENERAL BANK(NIG)LTD.ALHAJI TIJANI ASHIRU

SUBJECT MATTER:

 LAND LAW.

Practice and procedure: Precondition for a party to qualify as an intervener in a suit

Words and phrases: An intervener defined

Practice and procedure: Locus Standi ;  How party having same is determined

Practice and procedure: Auction of mortgaged property;  Need to follow due process before auction.

Court: Relief of repossession of auctioned property  when same will be granted.

Court: When the Supreme Court shall not tamper with the concurrent findings of  facts of the lower courts .

“Judicial admissions are conclusive. That is to say where a party agrees to a fact in issue ,it is no longer necessary to prove that fact. In effect after an admission no further dispute on the fact admitted should be entertained by the court. This is the strongest proof of the fact in issue” .Per Bode Rhodes- Vivour  JSC.

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