Items filtered by date: Sunday, 14 April 2024
PRELIMINARY OBJECTION - Effect of the success of a preliminary objection to the hearing of an appeal
HELD:
"In AFRIBANK NIG. PLC VS. AKWARA ?(2006) LPELR - 199 (SC), this Court reiterated the trite doctrine that:
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:
"In addition to the fact that the Ground 2 of the 1st Respondent's Notice of Appeal and the issue distilled therefrom are both incompetent (as resolved under the issue 2 above), the finding of the Court below on the issue was made suo motu without according the parties especially the Appellant to address on the point.
GROUND(S) OF APPEAL - Whether ground(s) of appeal as well as issue(s) formulated therefrom must arise from the ratio decidendi of the decision appealed against
HELD:
"The principle governing the validity or competence of a ground of appeal and the issue it is distilled therefrom is well settled.
LIQUIDATOR - Whether leave must be obtained to initiate proceedings against a company where a liquidator has been appointed; effect of failure
HELD:
"As a start-off, Section 588(1)(a) of the CAMA, 2020 provides in unequivocal terms:
JURISDICTION - Effect where a court lacks jurisdiction over a matter
HELD:
"Undoubtedly, the effect of absence or lack of jurisdiction of Court in any given matter is ominous.
JURISDICTION - Meaning and nature of jurisdiction; what confers/determines jurisdiction and when same can be raised
HELD:
"The term jurisdiction literally denotes the power or authority of a Court of law or tribunal to entertain and determine a dispute between parties.
PRELIMINARY OBJECTION - When a Preliminary objection should be filed and when a Motion on notice would suffice
HELD:
"Indeed, the law is trite, that an application by way of preliminary objection for the striking out of an appeal in limine may be on points of law, and when there are no facts in dispute to determine such objection.
ORDER OF COURT - Steps that can be taken to set aside invalid orders of court
HELD:
"In the instant case, it is not controversial at all that leave was sought and granted on 07/3/2018, thereby enabling the Appellant to apply to appeal against the judgment of the Court below.
FILING/ENTRY OF APPEAL - At what point is an appeal deemed to have been entered and effect of same
HELD:
"In determining the appeal, this Court painstakingly reiterated the trite principles that in simple language, it may be said that once the Court below transmits the Record of Appeal to the Court that would hear the appeal and the said appellate Court in fact receives the same, the appeal is said to be duly entered.
FILING/ENTRY OF APPEAL - At what instance will an appeal be deemed to have been entered
HELD:
