SUPREME COURT & COURT OF APPEAL DECISIONS (13665)
Children categories
In order to succeed in a charge of armed robbery, the Prosecution must prove beyond reasonable doubt, the following ingredients:
- That there was robbery or series of robbery;
- That each robbery was an armed robbery;
- That the Appellant was one of those who took part in the armed robbery.
For a person to have locus standi to sue, all he needs to do is to show that he has sufficient interest in the subject matter of the action and that his civil rights and obligations have been or are in danger of being infringed.
In the Customary Court, the claim and reliefs sought by the Plaintiff is usually drafted by the clerks and/or registrars of that court who are not lawyers.
Jiite & anor vs Okpulor [2015] 12 M. J. S. C [Po 31] Paras. A-B
In ascertaining, in what capacity, a party initiates or defends an action in the Customary Court, the whole proceedings must be carefully looked into and considered with greater latitude and broad or wide interpretation being placed in the proceedings and the judgment of that court. Ajuwon v. Aina (1990) 2 NWLR (Pt. 132) 271; Alagujeun & Ors. v. Sobo Osho of Yeru & Ors. (1972) 5 SC 9.
Jiite & anor vs Okpulor [2015] 12 M. J. S. C [Po 11] Paras. B-C
Generally, an amendment duly made takes effect from the date of the document sought to be amended. Adewunmi v. A-G Ekiti State (2002) 9 WRN 51 at 71- 72; UBA Pic v. Abdullahi (2003) 3 NWLR (Pt. 807) 359.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 182] Paras. A-B
A Court is not bound to apply any authority it has considered in its judgment. It has a duty to consider all authorities relied on by the parties but it has a right and indeed a duty not to apply particular authorities if the issue decided therein is inapplicable to the facts and law before it.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 177] Paras. F-G
The appropriate manner to impeach the contents of the record of appeal is by affidavit evidence. Administrator-General CRS v. Chukwuogor Nig Ltd (2007) 6 NWLR (Pt. 1030) 398.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 177) Para. A
The duty of the Appellant to compile and transmit the record arises only at the failure or neglect of the Registrar to compile and transmit the record within the sixty (60) days period prescribed in Order 8 Rule 1. This time, the Appellant will compile or transmit the record within thirty (30) days of the default of the Registrar. Order 8 Rule 4.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) (Po 175) Paras. E-F
It is the sole responsibility of the Registrar of the Court of Appeal to compile and transmit its records to the Court of Appeal within sixty (60) days after the filing of the notice of appeal. In discharging his duty, the Registrar shall invite the parties to settle the records and fix the amount which the Appellant is to pay for making up and forwarding the record Order 8 Rule 1 and 2 (a) and (b), Court of Appeal Rules, 2011.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 175] Paras. C-D
In the context of practice direction, direction connotes command or precept emanating from an authority. Buhari v. INEC (2009) ALL FWLR (Pt. 459) 419.
BRITTANIA-U Nig Ltd vs SPDC Ltd [2016]1 M. J. S. C (Pt. III) [Po 175) Para. A