Words and Phrases (247)
HELD:
"Acknowledgement" in ordinary language definition, means an act of accepting that something exists is true or that it is there. See Oxford Advanced Learners Dictionary 6th Edition, at page 10.
HELD:
"The distinction between mere obiter dictum and ratio decidendi lies in the fact that in the case of the latter there is a right of appeal. There is no right of appeal against obiter dictum. See NDDC v. OKEM ENTERPRTSES LTD. (2004) 10 NWLR (pt.880) 107." A.G KWARA STATE & ANOR v. LAWAL & ORS (2017)Per EKO, J.S.C. (Pp. 11-12, Paras. F-A
HELD:
"The distinction between mere obiter dictum and ratio decidendi lies in the fact that in the case of the latter there is a right of appeal. There is no right of appeal against obiter dictum. See NDDC v. OKEM ENTERPRTSES LTD. (2004) 10 NWLR (pt.880) 107." A.G KWARA STATE & ANOR v. LAWAL & ORS (2017)Per EKO, J.S.C. (Pp. 11-12, Paras. F-A
HELD:
"An obiter dictum is just a mere side talk or remark made or expressed by a Judge in his decision upon a case which side talk, remark or opinion is just by the way or is merely collateral or incidental and not really directly upon the question or issue before the Court for decision.
HELD:
''The Supreme Court in the case of Suleiman Vs C.O.P. (supra) defined the word "discretion" as a power or right conferred upon them by law, or acting in certain circumstances according to the dictates of their own Judgment or conscience.
"CONDITION" AND "CONDITION PRECEDENT": Definition of the terms "condition" and "condition precedent"
HELD:
"The term "condition" has been defined as: "a provision which makes the existence of a right dependent on the happening of an event; the right is then conditional as opposed to an absolute right".
HELD:
"Reasonable cause of action means a cause of action with some chances of success. For a statement of claim to disclose a reasonable cause of action, it must set out the legal rights of the plaintiff and the obligations of the defendant.
HELD:
''A cause of action means the factual situation stated by the plaintiff, if sustained, entitles him to a remedy against the defendant. See Egbe v. Justice Adefarasin (1985) 1 NWLR (Pt.3) 549. A cause of action is the entire set of circumstances giving rise to an enforceable claim.
HELD:
"What, one may ask, is a striking out? The learned authors of Bullen & Leake and Jacobs Precedents of Pleading, 12th Edition although they have not defined what a striking out is, have at pages 138, 139 and 140 thereof illustrated what the term connotes thus: