Court of Appeal - The LawPavilion Blog

Propriety of Dispensing with the Evidence Act in Judicial Proceedings: A Review of the Appeal Court’s Recent Decision in Victor Adegboye v UBA

By Folabi Kuti SAN Proem The ‘exclusionary’ rules of Evidence have operated as a narrow gate through which pieces of evidence are selectively shut out, save for those which can satisfy its rigorous requirements. To be sure, the rules are well-thought-out and even more thoughtfully ‘borrowed’ from our common law ancestry; ensuring that only evidence…

Whether Local Government Elections Are Appealable to the Court of Appeal or the Supreme Court

CASE TITLE: BARR ILIYA IBN ALIYU v. ALL PROGRESSIVE CONGRESS & ORS (2022) LPELR-57345(SC) JUDGMENT DATE: 18TH FEBRUARY, 2022 JUSTICES: CHIMA CENTUS NWEZE, JSC AMINA ADAMU AUGIE, JSC HELEN MORONKEJI OGUNWUMIJU, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC PRACTICE AREA: ELECTORAL MATTERS- ELECTION FACTS: The Appellant was interested…

MEANING AND INGREDIENTS OF THE TORT OF DETINUE

DANGOTE CEMENT v. ANYAFU (2021) LPELR-52601(CA) JUDGMENT DATE: 7TH JANUARY, 2021 PRACTICE AREA: TORT LEAD JUDGMENT: MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the Tort of Detinue. FACTS This is an appeal challenging the decision of the High Court of Justice, Kogi State, delivered on the 30th of December, 2017 Coram…

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 SUBPOENAED WITNESS BE INDICTED FOR AN OFFENCE FOR WHICH HE WAS NOT CHARGED?

DASUKI v. FRN & ORS (2020) LPELR-52287(CA) JUDGMENT DATE: 16TH DECEMBER, 2020 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGMENT: STEPHEN JONAH ADAH, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Criminal Law and Procedure. FACTS The appellant, Col. Mohammed Sambo Dasuki appealed against the Judgment (in part) of the Federal High Court, sitting in…

POWERS OF THE FRSC VIS-A-VIS THE POWERS OF THE COURT

CASE TITLE: FRSC v. ALABI & ORS (2020) LPELR-51060(CA) JUDGMENT DATE: 17TH SEPTEMBER, 2020 PRACTICE AREA: GOVERNMENT AGENCY LEAD JUDGMENT: EBIOWEI TOBI, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the Powers of the Federal Road Safety Commission. FACTS This appeal is against the judgment of Hon. Justice J.T. Tsoho (now Chief Judge) of the Federal…

THE MEANING OF JUDGMENT IS AGAINST THE WEIGHT OF EVIDENCE

CASE TITLE: AKOSILE v. OANDO (2020) LPELR-50808(CA) JUDGMENT DATE: 17TH SEPTEMBER, 2020 PRACTICE AREA: LABOUR LAW LEAD JUDGMENT: OBANDE FESTUS OGBUINYA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Labour Law. FACTS This appeal is against the decision of the National Industrial Court of Nigeria, Lagos Division, coram judice: J.D. Peters, J., in Suit No. NICN/LA/77/2013,…

DOCTRINE OF RECENT POSSESSION

In what instance can the doctrine of recent possession be invoked. The case of OKUNDAYE v. STATE (2020) LPELR-50782(CA) looks at this in the Court of Appeal Judgment. Read in LawPavilion Prime today. Visit the LP Store to get yours.

WHETHER EVIDENCE ADDUCED DURING TRIAL-WITHIN-TRIAL CAN BE IMPORTED TO THE MAIN TRIAL

DICK ONUKU v. THE STATE (2020) LPELR-51004(CA) JUDGMENT DATE: 28TH SEPTEMBER, 2020 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGMENT: YARGATA BYENCHIT NIMPAR, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the Offences of Kidnapping and Conspiracy. FACTS This Appeal is against the decision of the Kogi State High Court sitting at Lokoja delivered on…

EFFECT OF AN UNCONTESTED ISSUE THAT WAS VALIDLY RAISED IN A BRIEF OF ARGUMENT

PEOPLES DEMOCRATIC PARTY v. ADVANCED NIGERIA DEMOCRATIC PARTY (2020) LPELR-50993(CA) JUDGMENT DATE: 2ND OCTOBER, 2020 PRACTICE AREA: ELECTION LEAD JUDGMENT: OBANDE FESTUS OGBUINYA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Electoral Matters. FACTS This appeal is against the majority decision of the Bayelsa State Governorship Election Tribunal, holden at Abuja, (hereinafter addressed as “the tribunal”,…