1977-LCER-SC

1977-LCER-SC-INDEX

ACTION – Consolidation of Action – purport of consolidation of action – When actions may be consolidated

ACTION – Order on Nonsuit – When an order of nonsuit can be made by trial court – Need to hear evidence before making an order of nonsuit

ACTION, JUDGMENT AND ORDERS – Order of Nonsuit – Need to be made after hearing from the parties or their counsel

ADMINISTRATIVE LAW, FAIR HEARING – Cardinal principles of fair hearing

APPEAL – Findings of facts by trial judge – Need of the appellate court to be weary in interfering with findings of facts

APPEAL – New issue(s) on appeal – Whether new issues can be raised on appeal – Exception to the general rule

APPEAL – Notice of Appeal – Fundamental Nature of notice of appeal – Need for notice of appeal to be properly drafted – Need to strike out incompetent Notice of Appeal

ARBITRATION – Arbitration Clause – Whether Agreement to submit a dispute to arbitration ousts jurisdiction of court

ARBITRATION – Arbitration Clauses – Classes and effect of arbitration clauses

ARBITRATION – WORDS AND PHRASES – “Step” – Meaning of step/what amounts to a step in arbitration

BAILMENT – Liability of Bailee in contract of bailment – The foundation of contract of bailment – Whether a party can be compensated in excess of the actual loss

COMPANY LAW, CONTRACT – Unauthorised contract/ – Whether unauthorised contract/arbitration agreement is binding on the company or corporation

CONTRACT – ACTION in contract – Venue – Suit for specific performance – Where Suit for specific performance can be commenced and determined

CONTRACT – Enforcement of contract – Specific performance – Whether Contract of sale of company shares can be enforced by Specific performance

CONTRACT – Joint Act – When an act is to be done by two parties – How can be construed

COURT, EVIDENCE – Evaluation of Evidence – Duty of court to properly evaluate the totality of the evidence before it

CRIMINAL LAW AND PROCEDURE – Alibi – Duty of the Court to consider Alibi – Onus on the Defendant to prove Alibi

CRIMINAL LAW AND PROCEDURE – Alibi – Duty on the accused to prove alibi

CRIMINAL LAW AND PROCEDURE, EVIDENCE – Circumstantial Evidence – Admissibility of circumstantial evidence – Need to be narrowly examined to avoid fabrication

CRIMINAL LAW AND PROCEDURE – Conspiracy – Whether Conspiracy must be proved by direct evidence – Need of the court to infer or presume conspiracy

CRIMINAL LAW AND PROCEDURE – Defence of Insanity – Meaning and nature of defence of insanity in view of Section 28 of the Criminal Code (Cap 42 – Laws of the Federation – 1958)

CRIMINAL LAW AND PROCEDURE – Defence of Insanity – Onus on the accused to prove insanity

CRIMINAL LAW AND PROCEDURE – EVIDENCE – Onus and standard of proof in criminal trials – When the prosecution fails to prove accused’s guilt beyond reasonable doubts – Effect of failure to prove accused’s guilt beyond reasonable doubts

CRIMINAL LAW AND PROCEDURE – JUDGMENT AND ORDER – Order of Retrial – When an Order of Retrial can be made – Principles the court should follow when considering retrial

CRIMINAL LAW AND PROCEDURE – Motive – Absence of motive for the commission of a crime – Whether sufficient ground on which to infer mania

CRIMINAL LAW AND PROCEDURE – No case submission – Needlessness of the court to express opinion over the evidence before it at no case submission stage

CRIMINAL LAW AND PROCEDURE – Onus of proof – Proper order to make when the court is in doubt of the evidence adduced

CRIMINAL LAW AND PROCEDURE – Quantum of Evidence – Whether the prosecution is bound to call every piece of evidence to prove its case

CRIMINAL LAW AND PROCEDURE – Provocation – Whether the accused’s mere belief of witchcraft sustainable in law

CUSTOMARY TENANCY – Nature of Customary Tenancy – Conditions for surrender of Customary tenancy

CUSTOMARY TENANCY – Nature of Customary Tenancy – Conditions for surrender of Customary tenancy

DAMAGES – Award of damages – When the Plaintiff fails to lead evidence but relies heavily on inferences and presumptions of damages – Nature and quantum of damages to be awarded

EVIDENCE – Admissibility of extrinsic evidence – Purport and usefulness of extrinsic evidence

FUNDAMENTAL RIGHTS – Cases bothering on fundamental rights – Need for fundamental right cases to be dispensed expeditiously

INTERPRETATION OF STATUTES – Penal Statutes – Construction of Penal statutes – When there is ambiguity in the words which set out the elements of the act or omission declared to be an offence – Need to be resolved in favour of the person charged

JUDGMENT AND ORDERS – Effect of An Order made in the absence of an affected party

JUDGMENT AND ORDERS – Non-suit – Purport of non-suit – When non-suit can be entered

JUDGMENT AND ORDERS – Retrial – When Supreme Court may grant an order for retrial – Principles governing order for retrial

JURISDICTION – Meaning and nature of jurisdiction

JURISDICTION – Meaning of jurisdiction – When action commenced in a wrong court – Effect on jurisdiction of the court

JURISDICTION – When a court acts without jurisdiction – Effect of lack of jurisdiction on decision of the court

JURISDICTION – When jurisdiction can be raised – Whether the defendant must give notice of intention to challenge jurisdiction of court in statement of defence

LABOUR LAW – Termination of contract of employment – When the employer alleges misconduct – Duty of the court thereof

LAND LAW – PLEADINGS – Issues in pleadings – Bindingness of pleadings on parties – When identity of land not in issue – Needlessness to identify land

MORTGAGES – Power of Sale – Whether a Mortgagee can be restrained on the exercise of his power of sale merely because the mortgagor objects to the manner in which the sale is being arranged or because the mortgagor has commenced a redemption action in court

PLEADINGS – Bindingness of pleadings on Parties and court – Duty of the Court to adjudicate on matters raised by the parties in their pleadings:

PLEADINGS – Reply – Whether the defendant is entitled to rely upon a defence not based on a fact or facts stated in the statement of claim

PRACTICE AND PROCEDURE – EVIDENCE – Evidence in support of pleadings – Liberty of parties to adduce evidence in support of their pleadings

TORT – LIBEL – Written Defamatory Words – When Defamatory Words input Crime – Whether actionable per se

WORDS AND PHRASES – “Demurrer” – Meaning of demurrer

WORDS AND PHRASES – “Public officer” – Meaning of public officer

WORDS AND PHRASES – “Void” – Meaning of void – Whether an act that is void ab initio needs to be set aside

WORDS AND PHRASES – “Counterfeit” – Meaning of counterfeit

WORDS AND PHRASES – Distinction between a Judgement which a court is not competent to make and one which is competent but wrong in law or in fact

A. O. ODUFUYE v. JACOB ADEOYE FATOKE
ABEL OMOSHOLA V. COMMISSIONER OF POLICE
AFRICAN CONTINENTAL SEA WAYS V. NIGERIA DREDGING ROADS AND GENERAL WORK LTD
AGIP (NIG) LTD V. ATTORNEY GENERAL OF LAGOS STATE
ALHAJI A. W. A. YUSUFF V. NIGERIA TOBACCO COY. LTD
ALHAJI BABATUNDE ADISA THANNI V. SABALEMOTU SAIBU
ALHAJI SALAMI KATIBI OPEBIYI V. SAKARIYAWU KELANI NOIBI
ALRAINE (NIGERIA) LIMITED V. M.A. ESHIETT
ARAB BANK (NIGERIA) LTD V. ALHAJI AMINU DANTATA
BARCLAYS BANK OF NIG. LTD V. ALH MAINADA ABUBAKAR
BENJAMIN THOMAS OPOLO V. THE STATE
BUSARI DEPOJU AKANDE V. SIDIKATU AWERO
BUSTIN OKPARA V. THE FEDERAL REPUBLIC OF NIGERIA
CHIEF JAMES EGUBSON V. JOSEPH IKECHIUKU
CHIEF KARIMU AJAGUNJEUN V. SOBO OSHO OF YEKU VILLAGE
CHIEF SAMUEL AKPAN NKANU V. CHIEF ROBERT ONUN
AKUNNIA V. A.-G. OF ANAMBRA STATE
D. A. OLUBODE V. MRS. COMFORT WALEOLA OYESINA
DANIEL IREFETA INIJE V. THE STATE
DIAB NASR V. COMPLETE HOME ENTERPRISES(NIG.) LIMITED
DR A.O. FALOMO V. LAGOS STATE PUBLIC SERVICE COMMISSION
ELEMENYA IKORO V. SAFRAP (NIGERIA) LTD
EMMANUEL AMOMA OKORODUDU v. ERASTUS M. OKOROMADU
FEDERAL COMMISSIONER FOR WORKS AND HOUSING V. R. LABEDI
FRANCIS ODILI V. THE STATE
G.A. ODENEYE v. OYEYIPO ALAKATA
GREGORY GODWIN DABOH V. THE STATE
HENRY UMOERA V. COMMISSIONER OF POLICE
INYANG ONAH V. THE STATE
ISAMOTU OTANIOKU V. LAWAL MUSTAFA ALLI
J.I. OKOLO V. MIDWEST NEWSPAPER CORPORATION
JACOB NDAEYO V. GODWIN OGUNAYA
JAMES IKHANE V. COMMISSIONER OF POLICE
JAMES O. JEGEDE V. MADAM ALIMOTU L. GIWA
JONAH AGBO V. GEORGE UGWU
K. AKPENE V. BARCLAYS BANK OF NIGERIA LTD
LAWRENCE OGBODI ODIDIKA v. THE STATE
MADAM ISABELLA AKINBANBI V. OMOTAYO DANIEL
MOBIL OIL (NIGERIA) LTD. V. FEDERAL BOARD OF INLAND REVENUE
MOSES EKAMATIE SAGAY V. MESSRS NEW INDEPENDENCE RUBBER CO. LTD
MRS. D. M. AIGBE V. BISHOP JOHN EDOKPOLOR
NATIONAL BANK (NIGERIA) LTD. V. JOHN AKINKUNMI SHOYOYE
NATIONAL BANK OF NIGERIA LTD. V. THE ARE BROTHERS (NIGERIA) LTD
NIGERIAN HOUSING DEVELOPMENT SOCIETY LTD V. YAYA MUMUNI
NSE OBONG JONAH V. THE STATE
OBI OBEMBE V. WEMABODE ESTATES LTD
OKEKE ANADI V. OKEKE OKOLI
OKORO MARIAGBE V. THE STATE
OLAYINKA RODRIGUES V. THE PUBLIC TRUSTEE
PULLEN OSADIAYE V. THE STATE
RAYMOND NWOKEDI V. THE STATE
RICHARD EJEGI V. COMMISSIONER OF POLICE
RUFUS ALLI MOMOH V. MR. AFOLABI OKEWALE
S.D. LAR V. STIRLING ASTALDI (NIGERIA) LTD
SHEFIU WILLIAMS V. THE STATE
STEPHEN UKORAH V. THE STATE
SYLVESTER JOHNSON MAYAKI V. LAGOS CITY COUNCIL CARETAKER COMMITTEE
THE ATTORNEY GENERAL OF THE MID-WESTERN STATE V. CHIEF SAM WARRI ESSI
TIJANI BAMBE V. ALHAJI YESUF ADETUNJI ADERINOLA
WEST AFRICAN EXAMINATIONS COUNCIL V. JOSEPH CEYLON KOROYE
YEKINI WAHABI OKUNNU V. THE STATE