LIABILITY FOR THE BREACH OF A FUNDAMENTAL TERM IN A CONTRACT OF CARRIAGE BY AIR

CASE TITLE: MISS PROMISE MEKWUNYE v. EMIRATES AIRLINES (2019) LPELR-46553(SC) JUDGMENT DATE: 15TH FEBRUARY, 2019 PRACTICE AREA: AVIATION LAW LEAD JUDGMENT: EJEMBI EKO, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Aviation Law. FACTS This is an appeal against the decision of the Court of Appeal sitting in Lagos. The facts of the case are that Seven…

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INGREDIENTS OF THE OFFENCE OF MURDER

  CASE TITLE: OGUNLEYE TOBI v. THE STATE (2019) LPELR-46537(SC) JUDGMENT DATE: 15TH FEBRUARY, 2019 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGMENT: AMIRU SANUSI, J.S.C SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the Offence of Murder. FACTS This appeal is against the judgment of Court of Appeal, Ibadan division delivered on 6th day of July 2017…

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PRINCIPLES GUIDING COMMITTAL FOR CONTEMPT OF COURT

CASE TITLE: MR. CHRISTIAN OBIUKWU v. JULIUS UGWUERUCHUKWU & ORS (2019) LPELR-46616(CA) JUDGMENT DATE: 14TH FEBRUARY, 2019. PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Contempt Proceedings. FACTS This is an appeal against the Ruling of Imo State High Court, in the consolidated Suits No….

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INGREDIENTS OF THE OFFENCE ABDUCTION

CASE DETAILS: MR. VINCENT ANTHONY KACHEBRY v. THE STATE (2019) LPELR-46453(CA) LEAD JUDGMENT BY: JAMES SHEHU ABIRIYI, J.C.A. PRACTICE AREA: CRIMINAL LAW AND PROCEDURE FACTS OF THE CASE  This is an appeal against the decision of the High Court of Taraba State, Jalingo. According to the prosecution, PW1’s daughter, who was staying with the wife…

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PRE-JUDGMENT INTEREST IS NOT AUTOMATIC; IT MUST BE SPECIFICALLY CLAIMED AND PROVEN BEFORE IT WILL BE AWARDED BY A COURT

CASE DETAILS: COAST OIL LIMITED v. TUBOSCOPE VETCO INTERNATIONAL & ANOR (2019) LPELR-46450(CA) LEAD JUDGMENT BY: UGOCHUKWU ANTHONY OGAKWU, J.C.A. PRACTICE AREA: CONTRACT FACTS OF THE CASE This is an appeal against the decision of the High Court of Lagos State. The Appellant and the 1st Respondent had a business relationship wherein they executed contract…

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TENDERING A PERIMETER PLAN DOES NOT PRIMA FACIE ESTABLISH TITLE TO LAND

CASE DETAILS: IGWE EMMANUEL UGWU & ORS v. CHIEF EDWARD MBA (2019) LPELR-46495(CA) LEAD JUDGMENT BY: CHINWE EUGENIA IYIZOBA, J.C.A. PRACTICE AREA: LAND LAW FACTS OF THE CASE This appeal is against the judgment of the High Court of Enugu State, Enugu, delivered by Nwobodo J. The Respondent took out a writ against the Appellants…

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NO COURT IS PERMITTED TO HEAR AN APPEAL ON INCOMPLETE RECORD

CASE TITLE: ISA’AC GAVOH & ORS v. JOHNSON AKWAI (2019) LPELR-46441(CA) PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT BY: JAMES SHEHU ABIRIYI, J.C.A. FACTS OF THE CASE  This is an appeal against the judgment delivered on the 7th July, 2015 in the High Court of Taraba State sitting in Jalingo. The Respondent was the Plaintiff while…

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DUTY OF CARE AND SKILL OWED BY A BANK TO ITS CUSTOMERS

CASE TITLE: DIAMOND BANK LIMITED v. MOCOK ONU NIGERIA LIMITED (2019) LPELR-46440(CA) PRACTICE AREA: TORT OF NEGLIGENCE LEAD JUDGMENT BY: MUHAMMED LAWAL SHUAIBU, J.C.A. FACTS OF THE CASE  This appeal is against the judgment of the High Court of Cross River State sitting in Calabar delivered on 7th July, 2017 in Suit No. HC/308/2016 by HON….

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EVEN IF MALICIOUS FALSEHOOD DOES NOT APPLY IN MASTER/SERVANT RELATIONSHIP; ONCE ESTABLISHED, THE WRONG PARTY WILL BE ENTITLTED TO HIS REMEDY

CASE TITLE: PROMASIDOR NIGRIA LIMITED & ANOR v. MISS RUTH ASIKHIA (2019) LPELR-46443(CA) PRACTICE AREA: LABOUR LAW LEAD JUDGMENT BY: UGOCHUKWU ANTHONY OGAKWU, J.C.A. FACTS OF THE CASE  This action was instituted at the High Court of Lagos State by Mr. Festus Asikhia. The cause of action arose from the circumstances surrounding his exit from…

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WHETHER AN EMPLOYER CAN BE COMPELLED TO PROMOTE ITS EMPLOYEE

CASE TITLE: SYLVESTER C. NWOYE v. FEDERAL AIRPORTS AUTHORITY OF NIGERIA (2019) LPELR-46402(SC) JUDGMENT DATE: 18TH JANUARY, 2019 PRACTICE AREA: LABOUR LAW LEAD JUDGMENT: AMIRU SANUSI, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Labour Law. FACTS This appeal is against the judgment of the Court of Appeal, Ekiti division delivered on 20th day of January, 2012….

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