WHETHER AN AFFIDAVIT OF SERVICE IS PRIMA FACIE EVIDENCE OF SERVICE

CASE TITLE: CHELLARAMS PLC & ANOR v. ADEYEMI & ORS (2018) LPELR-46016(CA) JUDGMENT DATE: 3RD DECEMBER, 2018 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT: ABUBAKAR MAHMUD TALBA, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on civil procedure. FACTS: This is an appeal against the Ruling of Ogun State High Court delivered on the 5th August, 2010.  The 1st…

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GUIDING PRINCIPLES ON LOCUS STANDI

CASE TITLE: ADEKOYA v. ADEGBAYI & ORS (2018) LPELR-46018(CA) JUDGMENT DATE: 3RD DECEMBER, 2018 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT: ABUBAKAR MAHMUD TALBA, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on the issue of Locus Standi. FACTS: This is an appeal against the Ruling of Hon. Justice Mashud A. A. Abass, Judge of the High Court of…

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THOUGH A CERTIFICATE OF OCCUPANCY RAISES A REBUTTABLE PRESUMPTION IN FAVOUR OF ITS HOLDER, THE COURT MAY SET IT ASIDE

CASE TITLE: ORBIAM & ORS V. ADAMA & ORS (2018) LPELR-45886(CA) PRACTICE AREA: LAND LAW LEAD JUDGMENT BY: JOSEPH EYO EKANEM, J.C.A. FACTS OF THE CASE This appeal is against the judgment of the High Court of Justice, Benue State, holden at Makurdi, delivered by KaKa’aan, J. The 1st respondent, a retired Air Vice-Marshal of…

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FOR A CONFESSIONAL STATEMENT TO ATTRACT AND SUPPORT A CONVICTION, IT MUST BE PROVED TO BE FREE, VOLUNTARY AND UNAMBIGUOUS

CASE TITLE: IDOKO V. STATE (2018) LPELR-45893(CA) PRACTICE AREA: CRIMINAL APPEAL LEAD JUDGMENT BY: ONYEKACHI AJA OTISI, J.C.A. FACTS OF THE CASE SUMMARY OF JUDGMENT FACTS OF THE CASE This appeal was lodged against the decision of the High Court of Benue State, sitting at Otukpo, and delivered by Justice S.J. Ogwiji J. The case…

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A DISCHARGE AND ACQUITTAL OF AN ACCUSED PERSON UNDER SECTION 159 OF CRIMINAL PROCEDURE CODE (CPC) DOES NOT OPERATE AS A BAR TO FURTHER PROCEEDINGS AGAINST HIM

CASE TITLE: KWARRA V. FRN (2018) LPELR-45956(CA) PRACTICE AREA: CRIMINAL PROCEDURE LEAD JUDGMENT BY: JUMMAI HANNATU SANKEY, J.C.A. FACTS OF THE CASE This appeal is against the Ruling of the Nasarawa State High Court, Lafia, delivered by Abdullahi, J. Respondent preferred a three-count charge against the Appellant at the High Court. Therein, the accused was…

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EFFECT OF THE THIRD ALTERATION TO THE CONSTITUTION ON THE JURISDICTION OF THE FEDERAL AND STATE HIGH COURTS TO HEAR LABOUR AND INDUSTRIAL MATTERS PENDING BEFORE THEM

CASE TITLE: THE INCORPORATED TRUSTEES OF THE NIGERIAN BAPTIST CONVENTION V. OJO (2018) LPELR-45933(CA) PRACTICE AREA: JURISDICTION LEAD JUDGMENT BY: JIMI OLUKAYODE BADA, J.C.A. FACTS OF THE CASE This appeal emanated from the Ruling of the Oyo State High Court of Justice, Ibadan Judicial Division delivered on the 19th day of April 2013 in Suit…

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INSTANCES WHERE EVIDENCE THAT WAS NOT FRONTLOADED WILL BE ADMISSIBLE

CASE TITLE: MINISTER FOR WORKS, HOUSING & URBAN DEVELOPMENT & ORS V. OGUNGBE (2018) LPELR-45977(CA) PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT BY: UGOCHUKWU ANTHONY OGAKWU, J.C.A. FACTS OF THE CASE This is an appeal against the decision of the Federal High Court, Lagos, delivered by Abang J. The Respondent, an Assistant Director in the Federal…

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CIRCUMSTANCES IN WHICH EVIDENCE THAT WAS NOT FRONTLOADED WILL BE ADMISSIBLE

CASE TITLE: MINISTER FOR WORKS, HOUSING & URBAN DEVELOPMENT & ORS v. OGUNGBE (2018) LPELR-45977(CA) JUDGMENT DATE: 14TH NOVEMBER, 2018 PRACTICE AREA: CIVIL PROCEDURE  LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on civil procedure. FACTS: This is an appeal against the decision of the Federal High Court, Lagos, delivered by Abang…

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EFFECT OF A WRIT OF SUMMONS SIGNED IN THE NAME OF A LAW FIRM

CASE TITLE: FRIN v. IFERI & ORS (2018) LPELR-45931(CA) JUDGMENT DATE: 12TH NOVEMBER, 2018 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT: JIMI OLUKAYODE BADA, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on Civil Procedure. FACTS: This is an appeal against the Ruling of Federal High Court, Ibadan Judicial Division in Suit No:- FHC/IB/CS/10/2008: BETWEEN – (1) FORESTRY RESEARCH…

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POSITION OF THE LAW WHERE THERE IS NO VALID NOTICE OF REVOCATION OF RIGHT OF OCCUPANCY

CASE TITLE: ST. PETER PARISH MAKURDI v. REGISTERED TRUSTEES OF DEEPER LIFE BIBLE CHURCH & ORS (2018) LPELR-45892(CA) JUDGMENT DATE: 1ST NOVEMBER, 2018 PRACTICE AREA: LAND LAW LEAD JUDGMENT: ONYEKACHI AJA OTISI, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on Land Law. FACTS: This is an appeal against the Judgment of the Benue State High Court sitting…

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