The LawPavilion Blog

WHAT HAPPENS IF A WRIT IS SERVED OUTSIDE JURISDICTION WITHOUT FIRST OBTAINING THE REQUISITE LEAVE OF COURT?

CASE TITLE: NNPC V. NWODO & ORS (2018) LPELR-45872(CA) PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT BY: TOM SHUAIBU YAKUBU, J.C.A. FACTS OF THE CASE: This is an appeal against the decision of the National Industrial Court, Holden at Lagos, delivered on 24 July, 2013. The respondents, being retired staff of the appellant, had on 23…

A RESPONDENT WHO HAS NOT CROSS-APPEALED OR FILED A RESPONDENT NOTICE CANNOT RAISE ISSUES UNRELATED TO THE APPELLANTS GROUNDS OF APPEAL

CASE TITLE: IGBOJIONU & ORS V. UKO & ORS (2018) LPELR-45875(CA) PRACTICE AREA: LAND LAW LEAD JUGDMENT BY: ITA GEORGE MBABA, J.C.A. FACTS OF THE CASE: This appeal is against the judgment of Abia State High Court, delivered by Justice J.E. Adiele. At the trial Court, the Plaintiffs/Respondents had claimed as follows: “(1) A Declaration that…

FAILURE TO COMPLY WITH THE PROVISIONS OF THE WINDING-UP RULES ROBS THE COURT OF ITS JURISDICTION

CASE TITLE: ARGIJI PROPERTIES LTD v. AISHATU SHUAIBU IDRIS SABON BIRNI & ANOR (2018) LPELR-45858(CA) PRACTICE AREA: CIVIL PROCEDURE LEAD JUGDMENT BY: TANI YUSUF HASSAN, J.C.A. FACTS OF THE CASE: This is an interlocutory appeal against the Ruling of the Federal High Court, Abuja delivered on the 26th day of June, 2007 in Suit No….

ONCE A GROUND OF APPEAL IS BASED ON FINDING OF FACTS WHICH ARE NOT IN DISPUTE, IT IS A GROUND OF LAW; NOT MIXED LAW AND FACTS

CASE TITLE: CHIEF OF NAVAL STAFF & ANOR V. TSENONGO (2018) LPELR-45883(CA) PRACTICE AREA: CIVIL PROCEDURE LEAD JUGDMENT BY: JOSEPH EYO EKANEM, J.C.A. FACTS OF THE CASE: The case of the respondent at the National Industrial Court, Makurdi, before W. Abali, J., was that, he is an able seaman of the 2nd appellant. He was…

RIGHT TO INFORMATION UNDER THE FREEDOM OF INFORMATION ACT, 2011 IS NOT ABSOLUTE

CASE TITLE: CENTRAL BANK OF NIGERIA & ANOR v. PUBLIC & PRIVATE DEVELOPMENT CENTRE LTD/GTE CBN & ANOR V. PPDC LTD/GTE(2018) LPELR-45856(CA) PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT BY: MOHAMMED MUSTAPHA, J.C.A. FACTS OF THE CASE: This appeal is against the Ruling of the Federal High Court, sitting in Abuja, and presided over by Justice…

TERMS AND RELATIONSHIP OF A CONTRACT ARE THE BEDROCK OF ANY CASE

CASE TITLE: TAYLEK DRUGS CO. LTD v. ONANKPA (2018) LPELR-45882(CA) JUDGMENT DATE: 1ST NOVEMBER, 2018 PRACTICE AREA: LABOUR LAW LEAD JUDGMENT: JUMMAI HANNATU SANKEY, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on Labour Law. FACTS: This is an appeal against the decision of the National Industrial Court, Makurdi Division, sitting at Makurdi. The Respondent, a Pharmacist, was…

AN ADMINISTRATIVE BODY ACTING IN A QUASI-JUDICIAL CAPACITY MUST CONDUCT ITS INQUIRY IN ACCORDANCE WITH THE PRINCIPLES OF NATURAL JUSTICE

CASE TITLE: BOKO v. NUNGWA & ORS (2018) LPELR-45890(CA) JUDGMENT DATE: 2ND NOVEMBER, 2018 PRACTICE AREA: ELECTORAL MATTERS LEAD JUDGMENT: JOSEPH EYO EKANEM, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on Electoral Matters. FACTS: This appeal is against the judgment of the Federal High Court, Makurdi. The appellant, a member of the 2nd respondent, contested the 2nd…

IT IS MORALLY DESPICABLE FOR A PERSON WHO HAS BENEFITED FROM AN AGREEMENT TO TURN ROUND AND SAY THAT THE AGREEMENT IS NULL AND VOID

CASE TITLE: HOTEL & CATERING SERVICES LTD v. UNCLE T. FURNITURE CO. (NIG) & ANOR (2018) LPELR-45887(CA) JUDGMENT DATE: 1ST NOVEMBER, 2018 PRACTICE AREA: CONTRACT LEAD JUDGMENT: JUMMAI HANNATU SANKEY, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on Law of Contract. FACTS: This is an appeal against the Judgment of the High Court of Benue State, Makurdi….

ARE LIMITATION LAWS APPLICABLE TO CUSTOMARY LAW OR ACTIONS TO RECOVER LAND HELD UNDER CUSTOMARY LAW ?

CASE TITLE: ZANGYE v. TUKURA (2018) LPELR-45889(CA) JUDGMENT DATE: 2ND NOVEMBER, 2018 PRACTICE AREA: LIMITATION LAW LEAD JUDGMENT: JUMMAI HANNATU SANKEY, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on Limitation of Action. FACTS: This is an appeal against the decision of the High Court of Nasarawa State, setting aside the decision of Grade 1 Area Court, New…

PRINCIPLES GUIDING THE AWARD OF GENERAL AND SPECIAL DAMAGES

CASE TITLE: DANIEL v. AKPERAN ORSHI COLLEGE OF AGRICULTURE, YANDEV (2018) LPELR-45888(CA) JUDGMENT DATE: 1ST NOVEMBER, 2018 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT: JUMMAI HANNATU SANKEY, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on Award of Damages. FACTS: This appeal is against the Judgment of the High Court of Benue State, Gboko. The Appellant, a student in…