Author: Lawbreed Limited

CASE CITATION: R-BENKAY NIGERIA LIMITED v. CADBURY NIGERIA PLC. (2012) 3 S.C. (Pt. III) 169 DATE OF JUDGMENT: FRIDAY 23RD DAY OF MARCH, 2012 COURT: SUPREME COURT SUIT:  SC. 29/2006 CORAM:      IBRAHIM T. MUHAMMAD (Presided) OLUFUNLOLA O. ADEKEYE (Delivered the Leading Judgment) BODE RHODES-VIVOUR NWALI S. NGWUTA MARY U. PETER-ODILI ISSUE(S):   WHEN IS THE PROCESS ABUSED? CASE SYNTHESIS “The concept of abuse of court process relying on numerous decided authorities is imprecise. It involves circumstances  and  situation  of  infinite  variety  and conditions. But a common feature of it is the improper use of judicial process by a party in litigation…

CASE CITATION: MADAM ADUNOLA ADEJUMO & 2 ORS. v. MR. OLUDAYO OLAWAIYE (2014) 5-6 S.C. (Pt. II) 122 DATE OF JUDGMENT: FRIDAY 30TH DAY OF MAY, 2014 COURT: SUPREME COURT SUIT:  SC. 38/2004 CORAM:      WALTER S. N. ONNOGHEN(Presided) SULAIMAN GALADIMA BODE RHODES-VIVOUR (Delivered the Leading Judgment) KUMAI B. AKA’AHS JOHN I. OKORO ISSUE(S):   NOTICE OF APPEAL – WHAT GROUNDS OF APPEAL SHOULD CONTAIN CASE SYNTHESIS An appeal is filed by the party who lost the case. He signifies his intention to appeal by filing a notice of appeal. A notice of appeal contains grounds of appeal. Issues for determination of the appeal…

CASE CITATION: HON. POLYCARP EFFIOM & 3 ORS. v. CROSS RIVER STATE INDEPENDENT ELECTORAL COMMISSION (CROSIEC) & ANOR. (2010) 4-7 S.C. (Pt. I) 32  DATE OF JUDGMENT: 21ST DAY OF MAY, 2010  COURT: SUPREME COURT SUIT:  SC. 289/2008  CORAM:      DAHIRU MUSDAPHER (Presided) WALTER S. N. ONNOGHEN FRANCIS F. TABAI (Delivered the Leading Judgment) JOHN A. FABIYI OLUFUNLOLA O. ADEKEYE ISSUE(S):   COURT RAISING AN ISSUE SUO MOTU AND DECIDING IT, WITHOUT AFFORDING PARTIES A HEARING – WHEN MAY BE VALID CASE SYNTHESIS “On the Issue of whether it was proper for the Court below to raise the Issue of locus…

 CASE CITATION: ENL CONSORTIUM v. SHAMBILAT SHELTER (NIG.) LTD.(2018) 1 S.C. (Pt. IV) 62  DATE OF JUDGMENT: 26TH DAY OF JANUARY, 2018  COURT: SUPREME COURT SUIT:  SC. 40/2015 CORAM:      MARY UKAEGO PETER-ODILI (Presided & Delivered the Leading Judgment) KUMAI BAYANG AKAAHS AMINA ADAMU AUGIE PAUL ADAMU GALUMJE SIDI DAUDA BAGE ISSUE(S):   SERVICE VIA PHONE CALL – WHETHER GOOD SERVICE CASE SYNTHESIS “The point has to be made that the phone call mode of service would ordinarily be of good service so long as the party is provided the notice at least 48hours before the scheduled court date. The regularity…

By the progression of Land holding in Nigeria, from “Communal Land”, and/or “Family Land” to individual land ownership, it became imperative, ‘ because of obvious competing interests and the magnitude of it, that a land owner, should possess some documentary or other easily ascertainable evidence of ownership or title. Over the years, such evidence has been inter alia, purchase receipt, Registered Conveyance, Land Certificate and Certificate of Occupancy. Let us start by examining the Certificate of Occupancy. The Certificate of Occupancy as the name implies, merely confers possessory rights on the holder. What therefore is enjoyed, is right to occupy…

CASE CITATION: SAVANNAH BANK OF NIGERIA PLC. v. OLADIPO OPANUBI (2004) 7  S.C. (PT. II) 1 DATE OF JUDGMENT: 19TH  DAY OF JULY, 2004 COURT: SUPREME COURT SUIT:  SC. 154/2000 CORAM:      IDRIS L. KUTIGI, JSC – (Presided) SYLVESTER U. ONU, JSC SAMSON O. UWAIFO, JSC – (Delivered the Leading Judgment) NIKI TOBI, JSC DENNIS O. EDOZIE, JSC ISSUE(S):   WHEN NOT TO DEBRIEF A LAWYER  CASE SYNTHESIS “All the reason the appellant gave in that letter for terminating the brief was that: “Bearing in mind the strained relationship of client and solicitor, we have no other alternative than to withdraw…

 CASE CITATION:  SIFAX NIGERIA LIMITED & 4 ORS. v. MIGFO NIGERIA   LIMITED & ANOR. (2018) 1-2 S.C. (Pt. I) 90 @ 142-143  DATE OF JUDGMENT: FRIDAY, THE 16TH DAY OF FEBRUARY, 2018  COURT:       SUPREME COURT  SUIT NO:    SC. 417/2017  CORAM:       MARY UKAEGO PETER-ODILI, JSC – (Presided) MUSA DATTIJO MUHAMMAD, JSC KUMAI BAYANG AKAAHS, JSC AMINA ADAMU AUGIE, JSC   – (Delivered the Leading Judgment) PAUL ADAMU GALUMJE, JSC ISSUE(S):   RIGHT OF ACTION – WHEN ACCRUES – HOW DETERMINED CASE SYNTHESIS Every case is decided on its merits, which means that it is the circumstances of each case that…

The Court of Appeal in Abuja has stayed the execution of the March 4, 2020 orders of a High Court of the Federal Capital Territory (FCT) suspending Adams Oshiomhole the National Chairman of the All Progressives Party (APC). In a ruling on Monday evening, a three-man panel of the appellate court, led by Justice Abubakar Datti Yahaha was unanimous in granting the reliefs contained in an ex-parte motion argued by the lead lawyer to Oshiomhole and the APC, Wole Olanipekun (SAN). The court also restrained the respondents to the appeal marked CA/A/188/2020 and their agents from taking any further steps…

The Supreme Court on Tuesday reserved its ruling on the All Progressives Congress’ application for the review of its judgment which nullified the party’s victories in the general elections held in 2019 in Zamfara State. A five-man panel of the apex court led by the Chief Justice of Nigeria, Justice Tanko Muhammad, said the date of the ruling would be communicated to the parties. The CJN made the announcement after the parties to the case concluded their submissions on the application on Tuesday. The APC and the faction of the party in Zamfara State led by former Governor Abdulaziz Yari…

CASE CITATION:  SIFAX NIGERIA LIMITED & 4 ORS. v. MIGFO NIGERIA   LIMITED & ANOR. (2018) 1-2 S.C. (Pt. I) 90 @ 135-137 DATE OF JUDGMENT: FRIDAY, THE 16TH DAY OF FEBRUARY, 2018 COURT:       SUPREME COURT SUIT NO:    SC. 417/2017 CORAM:       MARY UKAEGO PETER-ODILI, JSC – (Presided) MUSA DATTIJO MUHAMMAD, JSC KUMAI BAYANG AKAAHS, JSC AMINA ADAMU AUGIE, JSC   – (Delivered the Leading Judgment) PAUL ADAMU GALIUMJE, JSC ISSUE(S):   PLEADINGS – DOCUMENT REFERRED TO IN THE PLEADINGS – WHETHER DOCUMENT BECOMES PART OF THE PLEADING CASE LAW: INCONSISTENCY BETWEEN A CONCURRING JUDGMENT AND THE LEADING JUDGMENT – WHETHER…