The Doctrine of Functus Officio and Its Exceptions

CASE TITLE: NCS BOARD v. LAWAL (2024) LPELR-62774(CA)
JUDGMENT DATE: 18TH JULY, 2024
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: ADEBUKUNOLA ADEOTI IBIRONKE BANJOKO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on civil procedure.

FACTS:

This appeal is against the decision of the Federal High Court, Abeokuta, Ogun State.

Dissatisfied with the ruling of the trial Court, the Appellant appealed.

The Appellant filed an application for condemnation of goods and vehicles at the trial Court vide an Originating Motion ex parte. The trial Court granted the Appellant’s Application for condemnation of all the goods and vehicles listed in Schedules A, B and C, annexed to the Affidavit in support of the application, which included the vehicle of the Respondent, a DAF-CF tanker. The tanker was intercepted while transporting forty-five thousand (45,000) litres of Petroleum Motor Spirit (PMS). The Respondent challenged the condemnation order through an Originating Motion on notice. At the end, the Learned Trial Judge excluded the Respondent’s vehicle from the list of the condemned items covered by his order and granted the Respondent’s Application.

ISSUES FOR DETERMINATION:

The Court adopted the issues raised by the Appellant viz:

1) Whether or not the lower Court properly evaluated the evidence before it and ascribed appropriate probative value to such evidence before arriving at the conclusion that the Respondent was not given (sic) Fair Hearing?

2) Whether or not the lower Court has jurisdiction to entertain the Application of the Respondent dated November 2, 2020, to vary the Court’s own order for condemnation dated November 13, 2018.

DECISION/HELD:

In conclusion, the Court dismissed the appeal.

RATIOS:

  • APPEAL- ISSUE(S) FOR DETERMINATION: Whether issue(s) for determination must flow from a ground of appeal relating to the ratio of the decision appealed against; effect of failure
  • CONSTITUTIONAL LAW- BREACH OF RIGHT TO FAIR HEARING: What the Court considers in determining whether a proceeding/judgment of a Court is in breach of the right to fair hearing of a party
  • EVIDENCE- EVALUATION OF EVIDENCE: Basis of evaluation of evidence
  • EVIDENCE- UNCHALLENGED/UNCONTROVERTED EVIDENCE: Effect of unchallenged or uncontroverted facts in an affidavit
  • JUDGMENT AND ORDER- FUNCTUS OFFICIO: The doctrine of functus officio and its exceptions
  • JUDGMENT AND ORDER- ORDER OF FORFEITURE: Whether an order for the condemnation/forfeiture of a property seized by the Nigerian Custom can be made ex-parte; effect of same
  • PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: Duty of a respondent who intends to rely on a preliminary objection to the hearing of an appeal; effect of failure

To read the full judgment or similar judgments, subscribe to Prime or Primsol

lawpavilion

Recent Posts

5 Must-Have Skills for Lawyers to Succeed in 2025

Introduction The legal profession has always been known for its high standards and unique demands,…

7 hours ago

Can the Court Impose a Willing Employee on an Unwilling Employer?

CASE TITLE: UNITY BANK PLC v. ALONGE (2024) LPELR-61898(CA) JUDGMENT DATE: 4TH APRIL, 2024 JUSTICES:…

2 days ago

Whether it is Necessary to Have Corroboration in A Rape Trial

CASE TITLE: ODIONYE v. FRN (2024) LPELR-62923(CA) JUDGMENT DATE: 5TH SEPTEMBER, 2024 PRACTICE AREA: CRIMINAL LAW…

2 days ago

Whether The Law on Limitation of Action Applies to Cases of Continuous Damage/Injury

CASE TITLE: EFFIONG v. MOBIL PRODUCING (NIG.) UNLTD (2024) LPELR-62930(CA)JUDGMENT DATE: 27TH SEPTEMBER, 2024PRACTICE AREA:…

2 days ago

Nature and Ingredients of The Offence of Criminal Trespass

CASE TITLE: ONWUSOR v. STATE (2024) LPELR-63031(CA) JUDGMENT DATE: 12TH NOVEMBER, 2024 PRACTICE AREA: CRIMINAL…

3 days ago

Illegality of Charging Protesters with Terrorism and Treason

By Femi Falana SAN Introduction Last week, President Bola Tinubu ordered the immediate termination of…

3 days ago