civil procedure - The LawPavilion Blog

PROCEDURE FOR SUMMARY JUDGMENT UNDER THE NATIONAL INDUSTRIAL COURT OF NIGERIA (CIVIL PROCEDURE) RULES 2017

CASE TITLE: STANDARD CONSTRUCTION LTD v. YAHAYA & ORS (2021) LPELR-55469(CA) JUDGMENT DATE: 3RD JUNE, 2021 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT: ABUBAKAR MU’AZU LAMIDO, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Summary Judgment Procedure. FACTS This is an appeal against the judgment of the National Industrial Court of Nigeria, Kano Division delivered on 14th…

EFFECT OF A DEFECTIVE WRIT OF SUMMONS ON A COUNTERCLAIM

CASE TITLE: EFFANGA & ANOR v. EFFANGA (2021) LPELR-55157(CA) JUDGMENT DATE: 16TH JULY, 2021 PRACTICE AREA: CIVIL PROCEDURE. LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the issue of signing of a writ of summons. FACTS This is an appeal against the judgment of the High Court of Cross River State…

WHETHER A COURT CAN GRANT BOTH THE MAIN RELIEF AND A RELIEF CLAIMED IN THE ALTERNATIVE

CASE TITLE: MINISTRY OF LAND & HOUSING, BAUCHI STATE & ANOR v. TIJJANI (2021) LPELR-55039(CA) JUDGMENT DATE: 8TH JULY, 2021 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT: BOLOUKUROMO MOSES UGO, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Civil Procedure. FACTS This appeal is against the judgment of the High Court of Bauchi State on the 5th…

WHETHER COURT CAN ENTERTAIN AN APPLICATION SEEKING TO VARY A GARNISHEE ORDER ABSOLUTE

CASE TITLE: UNITY BANK PLC v. DAVID (2021) LPELR-54923(CA) JUDGMENT DATE: 23RD JUNE, 2021 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGMENT: HAMMA AKAWU BARKA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on garnishee proceedings. FACTS This is an appeal against the decision of the High Court of Justice, Osun State, Ede Judicial Division quorum; A.O. Oyebiyi J,…

LEGAL EFFECT OF AN UNREGISTERED DOCUMENT AFFECTING LAND

ONWUSOR v. MAINA & ORS (2021) LPELR-53368(CA) JUDGMENT DATE: 17TH MARCH, 2021 PRACTICE AREA: LAND LAW LEAD JUDGMENT: JUMMAI HANNATU SANKEY, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Land Law. FACTS This Appeal is against the Judgment of the High Court of Justice, Borno State in Suit No. BOHC/MG/CV/10/2019, delivered on January 13,…

WHEN WILL AN APPELLATE COURT INTERFERE WITH THE AWARD OF DAMAGES MADE BY A LOWER COURT

HERITAGE BANK LTD v. DON & CHYKE (NIG) LTD & ANOR (2020) LPELR-52423(CA) JUDGMENT DATE: 31ST DECEMBER, 2020 PRACTICE AREA: CIVIL PROCEDURE. LEAD JUDGMENT: ADZIRA GANA MSHELIA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Civil Procedure. FACTS This is an appeal against the Judgment of the Plateau State High Court, Coram Justice D.D. Longi, delivered…

CAN A PRELIMINARY OBJECTION TOUCHING ON THE JURISDICTION OF THE COURT OR COMPETENCE OF A SUIT BE CONSIDERED AT THE END OF THE TRIAL OF THE SUBSTANTIVE SUIT?

Pre-action notice for Nigerian Ports Authority, jurisdiction and taking a preliminary objection at the end of trial

EFFECT OF DELIVERING THE JUDGMENT OF THE COURT AFTER THE SCHEDULED DATE WITHOUT NOTICE TO ONE OF THE PARTIES

CASE TITLE: OKOYE & ANOR v. MBAYA (2020) LPELR-49161(CA) JUDGMENT DATE: 10TH JANUARY, 2020 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGE: ABDULLAHI MAHMUD BAYERO, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on civil procedure. FACTS This appeal is against the decision of the High Court of Adamawa State. This Appeal originated from the Adamawa State Upper Area Court…

WHAT IS A PARTY RELYING ON TRADITIONAL HISTORY EXPECTED TO PLEAD AND PROVE WHEN ESTABLISHING HIS ROOT OF TITLE

CASE TITLE: ZAPHANIAH v. GARBA & ANOR (2019) LPELR-48930(CA) JUDGMENT DATE: 9TH DECEMBER, 2019 PRACTICE AREA: LAND LAW LEAD JUDGE: ABDULLAHI MAHMUD BAYERO, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Land Law. FACTS This is an appeal against the decision of the High Court of Adamawa State. The Appeal originated from Zangra Area Court in Suit…

HOW TO QUESTION THE LAWFULNESS OF VOTES CAST IN AN ELECTION

CASE TITLE: FIJABI & ANOR v. INEC & ORS (2019) LPELR-48660(CA) JUDGMENT DATE: 14TH OCTOBER, 2019 PRACTICE AREA: ELECTION PETITION LEAD JUDGE: JIMI OLUKAYODE BADA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on election petition. FACTS This is an appeal against the Judgment of the National and State House of Assembly Election Petition Tribunal, Ibadan, Oyo…