Items filtered by date: Sunday, 17 March 2024
DUTY OF COURT - Duty of Court to consider/pronounce on all issues raised before it; effect of failure thereof
HELD:
"The law is that a Court of law, particularly the lower Court and this Court, has a statutory duty to consider and decide on all issues raised and submitted to it for determination.
LIMITATION LAW - Whether the operation of limitation law is stayed while parties are in Court over the cause of action
HELD:
"...the law is settled that the operation of limitation law is stayed while parties are in Court over the cause of action.
RAISING ISSUE(S) SUO MOTU - Whether the Court must call parties to address it on issues raised suo motu; effect of failure to do so
HELD:
TRESPASS - Effect where trespass is established
HELD:
TRESPASS - What constitutes a continuing tort of trespass and available remedies for same
HELD:
ABUSE OF COURT/JUDICIAL PROCESS(ES) - Instance(s) when abuse of Court process will arise
HELD:
"Instances tending to an abuse of Court process, as laid down by the Supreme Court, include the following;
ABUSE OF COURT/JUDICIAL PROCESS(ES) - Meaning and nature of the concept of "abuse of Court/judicial process"
HELD:
COMPETENCE OF COURT - Nature of jurisdictional competence of Court; conditions precedent for the exercise of same
HELD:
"It is clear to me, that the issue bordering on a Court's jurisdictional competence, dated back to the oft-cited locus classicus case of Madukolu vs. Nkemdilim (1962) 1 All NLR 587. It has been variously described as the threshold of the power of a Court to adjudicate over a matter submitted before it.
REPLY BRIEF - Essence of a reply brief; whether a reply is meant to raise fresh issues or to improve the scope of argument in the brief of the appellant
HELD:
"I will not go into the detailed argument as that is not the purpose of a Reply Brief as envisaged by Order 9 Rule 5 (1) of the Court of Appeal Rules, 2021, which provides:
