latest judgments - The LawPavilion Blog

The Legal Impropriety Of Refusal To Reschedule Elections Which Either Did Not Hold Or Were Marred By Violence, And The Legal Remedies Available To Voters In Nigeria

By Fred Ogundu-Osondu Although democracy has been the backbone of Nigeria’s political system since its independence in 1960, the Nigerian brand of democracy has been a source of great instability to the country and the well-being of its citizens. It is a foundational principle that the only way democracy can be maintained is by conducting…

Nature of International Commercial Transactions – FBN Plc v. Standard Polyplastic Industries Ltd

This appeal borders on Breach of Commercial Contract. CASE TITLE: FBN PLC v. STANDARD POLYPLASTIC INDUSTRIES LTD (2022) LPELR-57684(SC) JUDGMENT DATE: 13TH APRIL, 2022 PRACTICE AREA: COMMERCIAL LAW LEAD JUDGMENT: CHIMA CENTUS NWEZE, J.S.C. SUMMARY OF JUDGMENT: FACTS This is an appeal against the judgment of the Court of Appeal, Owerri Division delivered on the 23rd day…

Whether the Public Officers Protection Act Applies to Suits Instituted Under the Fundamental Rights (Enforcement Procedure) Rules- Minister of Defence v. Yaganami

INTRODUCTION This appeal borders on the Enforcement of Fundamental Rights. CASE TITLE: MINISTER OF DEFENCE v. YAGANAMI & ANOR (2022) LPELR-57700(CA) JUDGMENT DATE: 2ND JUNE, 2022 PRACTICE AREA: CONSTITUTIONAL LAW LEAD JUDGMENT: EBIOWEI TOBI, J.C.A. SUMMARY OF JUDGMENT: FACTS This is an appeal against the ruling and judgment of the Federal High Court of Nigeria, Maiduguri Judicial…

Duty of Court to Serve Hearing Notice on Parties Who Were Absent When a Case Was Adjourned- Heritage Bank v. Awolesi

CASE TITLE: HERITAGE BANK v. AWOLESI (2022) LPELR-57732(CA) JUDGMENT DATE: 9TH JUNE, 2022 PRACTICE AREA: PRACTICE AND PROCEDURE LEAD JUDGMENT: PETER OYINKENIMIEMI AFFEN, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on the Service of Hearing Notice. FACTS: This appeal is against the ruling of the High Court of Lagos State delivered on 26/3/09 by Marsh, J….

GENERAL PRINCIPLES OF LAW ON THE OFFENCE OF RAPE

ALI v. STATE (2020) LPELR-53409(SC) JUDGMENT DATE: 18TH DECEMBER, 2020 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE (OFFENCE OF RAPE). LEAD JUDGMENT: OLUKAYODE ARIWOOLA, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the Offence of Rape. FACTS This is an appeal against the judgment of the Court of Appeal, Jos Division, Coram: – Uchechukwu Onyemenam; Habeeb Adewale…

CAN AN INVESTIGATION PANEL SET UP BY THE NATIONAL HUMAN RIGHTS COMMISSION EXERCISE JUDICIAL POWERS AS REGARDS ALLEGATIONS OF ENVIRONMENTAL POLLUTION AND AWARD DAMAGES IN SUCH RESPECT?

CHAIRMAN AND MEMBERS OF THE SPECIAL INVESTIGATION PANEL OF THE NHRC ON OIL SPILLS & ENVIRONMENTAL POLLUTION & ORS v. TOTAL E & P (NIG) LTD CITATION: (2021) LPELR-53151(CA) In the Court of Appeal In the Calabar Judicial Division Holden at Calabar ON FRIDAY, 5TH MARCH, 2021 Suit No: CA/C/400/2017 Before Their Lordships: MOJEED ADEKUNLE…

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,…

CAN A JUDGE LOSE JURISDICTION TO SIT ON A MATTER BY MERE FACT OF HIS TRANSFER TO ANOTHER JUDICIAL DIVISION OF THE SAME STATE?

CASE TITLE: IGBE v. ILOM & ORS (2020) LPELR-49601(CA) JUDGMENT DATE: 5TH MAY, 2020 PRACTICE AREA: LAND LAW LEAD JUDGE: HAMMA AKAWU BARKA, 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 Cross-River State. The appellant’s case as claimant before the…

DOES A PLAINTIFF NEED TO PROVE ALL THE FIVE WAYS BY WHICH THE OWNERSHIP/TITLE TO LAND MAY BE PROVEN?

CASE TITLE: GOBA v. ALGONI (2020) LPELR-49489(CA) JUDGMENT DATE: 19TH FEBRUARY, 2020 PRACTICE AREA: LAND LAW LEAD JUDGE: MUDASHIRU NASIRU ONIYANGI, 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 Borno State. The facts of the case are that the Respondent who was…