Civil Procedure and Practice (794)
'It is the practice in all the courts of law that an applicant who fails to furnish the court with all necessary and vital document(s) for the due consideration of his application does so at his own peril as his application may likely be refused and he cannot be heard to complain. See: NNSC Ltd v. Alhaji Hammajoda Sabana Co. Ltd. (1988) 2 NWLR (Pt.74) 33; Ogunsola v NICON (1999) 10 NWLR (Pt.123) 492.'' Per MUHAMMAD, J.S.C. (Pp. 36-37, paras. F-A) ALL PROGRESSIVES CONGRESS & ORS v. IN RE: CONGRESS FOR PROGRESSIVE CHANGE & ORS(2014) LPELR-24036(SC)
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
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
The rationale for the statutory endorsement of this concept [of front loading] is that through its espousal, the configuration and delineation of the contours of forensic contests may be attained with considerable facility such that their resolution could be achieved at the earliest opportunity and with minimal costs. The ultimate objectives of this technique, and the other equally innovative features of the rules, are for the evolution of a user-friendly trial procedure in which the Judge can effectively and efficiently manage the flow of cases in the court. Gambari and Anor v. Mahmud and Anor. (2010) 3 NWLR (Pt. 1181) 278.
APGA vs Al-Makura & 3 ors[2016]1 M. J. S. C (Pt. III) [Pp. 84-85] Paras. G-B
A Notice of discontinuance is a voluntary termination of a suit by the Plaintiff or complainant. When issues that gave rise to a suit are no longer in dispute, that is to say parties have settled Terms of settlement are filed in court to bring the suit to an end A notice of discontinuance may in certain circumstances have the same effect as terms of settlement.
Mabamije & Otto [2016]1 M. J. S. C (Pt. III) [Po 52] Paras. A-B
Order 24(2) and (3) of the Bendel State (Civil Procedure) Rules, 1988 allows both parties to raise points of law in their pleadings and there is no restriction as to which of the point of law so raised disposes of a case against the Defendant.
Mabamije & Otto [2016]1 M. J. S. C (Pt. III) [Po 44 ] Paras. E-F
"In this case the Motion on Notice to set down points of law raised in paragraph 16 of the statement of defence was served on the Appellant, along with the supporting affidavit stating the grounds relied on. The Respondent had the opportunity to controvert the facts averred and deposed to, but did nothing. The trial court accepted the facts as proved, but surprisingly did not rely on them in its ruling. "
Mabamije & Otto [2016]1 M. J. S. C (Pt. III) - Per Rhodes- Vivour, JSC [Pp. 44-45] Para. G
By the provisions of Order 3 Rule 14(1), (2) and (3) of the Court of Appeal Rules, 2002, A Respondent, who not having appealed from the decision of the court below desires to contend on the appeal that the decision of that court should be varied, either in any event or in the event of the appeal being allowed in whole or in part, must give notice to that effect, specifying the grounds of that contention and the precise form of the order which he proposes to ask the court to make, or to make in that event, as the case may be.
The essence of front loading statements of witnesses is to facilitate speedy disposal of election petition and does not justify "dumping" of exhibits and urging the tribunal and the court to proceed in a manner that opens them to unnecessary and avoidable suspicion of bias. All facts that entitle the party to the courts' indulgence must be demonstrated in open court to ensure that in arriving at its decision on the
The essence of front loading statements of witnesses is to facilitate speedy disposal of election petition and does not justify "dumping" of exhibits and urging the tribunal and the court to proceed in a manner that opens them to unnecessary and avoidable suspicion of bias. All facts that entitle the party to the courts' indulgence must be demonstrated in open court to ensure that in arriving at its decision on the
A Respondent intending to rely upon a preliminary objection to the hearing of the appeal shall give the Appellant three clear days notice thereof before the hearing, setting out the grounds of objection, and shall file such notice together with ten copies thereof, with the Registrar within the same time. If the Respondent fails to comply with this rule, the court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the Respondent or may make such other order as it thinks fit.
CHIEF B.A. ALLANAH & 2 ors vs MR. KANAYO KPOLOKWU& 2 ors [2016] 1 M. J. S. C (Pt. I) [Po 89] Paras. A-D