Author: Lawbreed Limited

The Chief Judge of Lagos State, Justice Kazeem .O. Alogba, has issued a new Practice Direction for the Judiciary in the state.  The new practice direction, signed on April 27, is to take effect from May 4. The 26-paragraph practice direction, would, among others, ensure “a timely and efficient disposal of cases.” READ ALSO: COVID-19: Lagos State Makes Infectious Disease Regulations Pursuant To The Quarantine Act (Click to Download) [mks_button size=”large” title=”Click HERE to DOWNLOAD Lagos State Practice direction on remote hearing of cases” style=”rounded” url=”https://lawbreed.blog/wp-content/uploads/2020/04/Lagos-State-Practice-direction-on-remote-hearing-of-cases.pdf.pdf” target=”_blank” bg_color=”#000000″ txt_color=”#FFFFFF” icon=”” icon_type=”” nofollow=”0″]

Should a debtor seek his creditor at his place of business in order to pay? CASE CITATION: NATIONAL BANK (NIG.) LTD. & ANOR. v. JOHN AKINKUNMI SHOYOYE & ANOR. (1977) 5 S.C. 110 DATE OF JUDGMENT: ON FRIDAY, THE 27TH DAY OF MAY, 1977 COURT: SUPREME COURT SUIT:  SC.312/1975 CORAM: SIR D. A. R. ALEXANDER(Presided) GEORGE S. SOWEMIMO CHUKWUNWEIKE IDIGBE ANDREWS O. OBASEKI (Delivered the Leading Judgment) ISSUE(S):   Debt Recovery – should a debtor seek his creditor at his place of business in order to pay? CASE SYNTHESIS We may once more turn our attention to the Writ of Summons. The defendants’…

CASE CITATION: CHIEF M. A. OKUPE v. B. O. IFEMEMBI (1974) 3 S.C. 71 @ 78 Para 5-15 DATE OF JUDGMENT: ON FRIDAY, THE 29TH DAY OF MARCH, 1974 COURT: SUPREME COURT SUIT: SC. 223/72 CORAM: 1. GEORGE B. A. COKER (Presided and Delivered the Leading Judgment) 2. GEORGE S. SOWEMIMO 3. DANIEL O. IBEKWE ISSUE(S): Simultaneous Claim For Possession, Trespass And Perpetual Injunction – whether proper CASE SYNTHESIS We have on several occasions condemned the inclusion of a claim for possession with claims involving trespass and perpetual injunction. Where the defendant is a trespasser the remedy of injunction is…

CASE CITATION: FOLARIN ROTIMI ABIOLA WILLIAMS & ANOR. v. ADOLD/STAMM INTERNATIONAL (NIG.) LTD. & ANOR. (2017) 1 S.C. (PT. I) 1 DATE OF JUDGMENT: ON FRIDAY, THE 13TH DAY OF JANUARY, 2017 COURT: SUPREME COURT SUIT:  SC. 404/2013 CORAM: WALTER S. N. ONNOGHEN (Presided) PETER-ODILI OLUKAYODE ARIWOOLA KUMAI BAYANGAKA’AHS KUDIRAT M.O. KEKERE-EKUN (Delivered the Leading Judgment) ISSUE(S):   Endorsement of multiple names of legal practitioners on a court process – without making a  tick beside the name of the legal practitioner that signed the court process- whether vitiates the court process or renders it incompetent. CASE SYNTHESIS It is contended on behalf of…

Hon. Mr. Justice Paul Adamu Galumje was born on the 21st day of April, 1950 at Didan in Kurmi Local Government Area of Taraba State. He attended the Sudan United Mission Primary School, Baissa from 1959 – 1963. Government Secondary School, Ganye from 1964 – 1968. Ahmadu Bello University, Zaria from 1974 – 1977 (LLB. Hons). Nigerian Law School from 1977 – 1978. He was called to the Nigerian Bar on 8th July, 1978. Hon. Justice Galumje is a member of the International Dispute Resolution Institute (MIDRI, 2015). Hon. Justice P. A. Galumje’s working experience started with a temporary teaching…

Meetings, whether of companies’ Boards of Directors, or of their Committees, or Management, are an essential aspect of the decision making process in companies, with firm roots in good corporate governance. Members’ active participation at meetings is extremely important, and it is desirable, as it provides attendees with the opportunity to make enquiries, provide inputs and objective criticism, receive clarification, and be generally more informed, to guide decision making. In a bid for companies to constantly keep up with the ever changing business environment and globalization in general, business meetings have been evolving from the conventional round table physical meetings…

The global pandemic of COVID-19 has severely affected the personal and professional lives of people worldwide. Numerous governments have been obliged to impose strict constraining measures on their natural and legal persons, which has resulted in often injurious repercussions to business relationships. It is everyone’s responsibility to contribute to the global effort to prevent the spread of the virus. However, CIArb believes that resolving disputes by alternative dispute resolution procedures should not be dependent on the surrounding circumstances in the majority of cases. Thus, business should not be burdened by unresolved disputes due to the inability of parties to meet…

In view of the COVID-19 pandemic, companies can hold their Annual General Meetings by taking advantage of S.230 CAMA on the use of proxies.  The following should guide the companies on the procedure and conduct of the AGM: The approval of the Corporate Affairs Commission (CAC) shall be obtained before such a meeting is held. The application can be submitted to the Head Office in Abuja or any of the branch offices in any of the States. CAC shall send representative(s) as observer(s) to the meeting. The meeting shall only discuss the Ordinary Business of an AGM as…

CASE CITATION: JOE IGA & ORS. v. CHIEF EZEKIEL AMAKIRI & ORS.(1976) 11 S.C. (REPRINT) DATE OF JUDGMENT: FRIDAY, THE 12TH DAY OF NOVEMBER, 1976 COURT: SUPREME COURT SUIT: SC. 18/1975 CORAM: 1. GEORGE S. SOWEMIMO(Presided) 2. CHUKWUNWEIKE IDIGBE 3. ANDREWS O. OBASEKI (Delivered the Leading Judgment) ISSUE(S): ESTOPPEL IN PAIS. NULLUS COMMODUM CAPERE POTEST DO INJURIA SUA PROPRIA CASE SYNTHESIS The law is clear and well settled on the point. It may be stated thus: “If a man by his words or conduct willfully endeavours to cause another to believe in a certain state of things which the first…

CASE CITATION: ERASTUS B. O. AKINGBOLA v. THE FEDERAL REPUBLIC OF NIGERIA (2018) 5-6 S.C. (Pt. I) 116 DATE OF JUDGMENT: FRIDAY, THE 18TH DAY OF MAY, 2018 COURT: SUPREME COURT SUIT: SC. 306/2015 CORAM: 1. IBRAHIM T. MUHAMMAD (Presided) 2. OLUKAYODE ARIWOOLA 3. KUMAI BAYANG AKAAHS 4. PAULADAMU GALINJE 5. SIDI DAUDA BAGE (Delivered the Leading Judgment) ISSUE(S): Wrongly headed appeal – whether vitiates appeal whose parties are not in doubt CASE SYNTHESIS Issue three represents a typical case of unintended error of the court which is neither meant nor targeted at inflicting hardship or injustice on any of…