The LawPavilion Blog - March 30, 2023 November 23, 2018

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…

IT IS THE POLITICAL PARTY, NOT THE CANDIDATE, THAT CONTESTS AND WINS AN ELECTION

CASE TITLE: OZOMGBACHI V. AMADI & ORS (2018) LPELR-45152(SC) PRACTICE AREA: ELECTORAL MATTERS HEADING: IT IS THE POLITICAL PARTY, NOT THE CANDIDATE, THAT CONTESTS AND WINS AN ELECTION LEAD JUDGMENT: EJEMBI EKO, J.S.C. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on Electoral Matters FACTS: This is a consolidated appeal. The two appeals originated from suit…

AN APPEAL DISMISSED FOR APPELLANT’S FAILURE TO FILE BRIEF OF ARGUMENT CANNOT BE RELISTED

CASE TITLE: ALI ALABA INT’L LTD & ANOR V. STERLING BANK (2018) LPELR-44903(SC) PRACTICE AREA: APPEAL HEADING: AN APPEAL DISMISSED FOR APPELLANT’S FAILURE TO FILE BRIEF OF ARGUMENT CANNOT BE RELISTED LEAD JUDGMENT: AMIRU SANUSI, J.S.C. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on relisting of appeal dismissed for failure of appellant to file brief…

TO CONFER JURISDICTION ON THE INVESTMENTS AND SECURITIES TRIBUNAL, A MATTER MUST FIRST BE HEARD BY THE SECURITIES AND EXCHANGE COMMISSION

CASE TITLE: OKOROCHA V. UBA BANK & ORS (2018) LPELR-45122(SC) PRACTICE AREA: INVESTMENTS AND SECURITIES TRIBUNAL HEADING: TO CONFER JURISDICTION ON THE INVESTMENTS AND SECURITIES TRIBUNAL, A MATTER MUST FIRST BE HEARD BY THE SECURITIES AND EXCHANGE COMMISSION LEAD JUDGMENT: AMIRU SANUSI, J.S.C. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on the Jurisdiction of the…