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“It is settled law that, in bailment, the onus of proving that there is no negligence is on the bailee. (See Phipson on Evidence (eleventh edition) p. 93 para. 94). In other words, provided that the claim is properly worded, the onus of proof is always on the bailee to show that the loss of, […]

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“On the concept of abuse of Court process, a long line of judicial authorities has explained it since the concept of abuse of judicial process is imprecise and involves circumstances and situations of infinite variety and conditions. This will arise in instituting a multiplicity of actions on the same subject matter against the same opponent […]

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“The law is settled that the judgment of any competent Court, once perfected, and not appealed against, is valid and subsisting until it is set aside by competent Court or authority. See:Ojiako Vs Ogueze & Ors. (1962) 1 ALL NLR 58; Chukwueke vs Okoronkwo (1999) LPELR – 857 (SC) @ 16 – 17 F – […]

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“The order of dismissal in question in the case was set aside by the Court of Appeal while the order of dismissal of Suit No. HOY/ 7/97 still subsists up till date. It needs be reiterated that a Court after the dismissal of a suit before it lacks the competence to delve into the matter […]

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“It need be brought up that it is not in all instances of failure of a Court to give opportunity to the parties to address it that automatically occasions a miscarriage of justice since each case depends on its own merit. Therefore, it is not sufficient for the purpose of reversing a judgment merely to […]

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“…The order of dismissal entered by the Court in suit No. HOY/7/1997 operates as an estoppel per rem judicatem and bars the Appellant from re-litigating the subject matter. See MAKUN & ORS V. FUTMINNA & ORS (2011) LPELR – 15514 (SC); EJIOFOR V. ONYEKWE & ORS (1972) LPELR – 1068 (SC). The lower Court was […]

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“The reference made by the Court below to Sections 270 and 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) was not a fresh issue that required further address of counsel. The Court had no legal duty to confine itself to authorities cited or relied on by the parties. See ORUGBO […]

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“…This point of a resiled statement by an accused person is well settled in law as it does not affect the admissibility of the document though the need for some corroborative evidence would be desirable in the use of it to secure a conviction. I place reliance on Ejinima v State (1991) LPELR – 1067 […]

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“It is trite law and well settled that the guilt of an accused person can be proved by any or more of the following ways:- (a) The confessional statement of the accused persons; (b) Circumstantial evidence; or (c) Evidence of eye-witness of the crime. I refer to Igabele v State (2006) 6 NWLR (Pt.975) 100 […]

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“…Going back to the principles guiding the Court particularly the trial Court which is the first port of call at which the testimonies of witnesses are proffered or adduced and the evaluation thereof done by that trial judge who is in the exclusive position of assessing the demeanour of those witnesses. It is thereat firstly […]

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“…Having set out in summary the submissions of counsel on either side which are in effect, the appellant seeking a setting aside the decision of the Court below which affirmed the conviction and sentence of the trial Court. The respondent on the other hand insisting that appellant has not set the stage for an interference […]

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“…The law is trite that the Court can act on the evidence of a single witness if that witness can be believed given all the surrounding circumstances of the case. Also that one single credible witness can establish a case beyond reasonable doubt. See Akalezi v The State (1993) 2 NWLR (pt 273) 1, Victor […]

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“…Now, the essential ingredients of the offence of armed robbery are as follows:- 1. That there was a robbery or series of robberies. 2. That the robbery or each robbery was an armed robbery. 3. That the accused was the robber or one of those who took part in the armed robbery. See Afolalu v […]

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“…ln any case, the words of the judex on any issue are final subject to review, if the decision is one by law, appealable. The judex may be right or wrong. His decision nonetheless binds the advocate and his client. In the words of King Henry VIII: the teacher’s knowledge is measured by the pupil’s […]

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“The Appellant’s Counsel, Mr. Okoro, seems, in his bloated ego that he possesses omniscience, to have a rude and unethical alibi for this novelty. In paragraph 4.08 of the Appellant’s Brief, Counsel contumaciously argued that the reasoning of the trial Court was ridiculously affirmed by the Court of Appeal. He further argued that the “the […]

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“…There is a presumption that the decision of the trial Court on facts is right. That presumption must be displaced by the appellant seeking to upset the decision on facts. See WILLIAMS v. JOHNSON (1937) 2 WACA 253; Section 168(1) Evidence Act. Displacing this presumption of regularity is not by attacking and ridiculing the Judges […]

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“…The law is settled that the apex Court, on concurrent findings of fact, will not lightly intervene and interfere or disturb such concurrent findings of fact: OMETA v. NUMA (1934) 11 NLR 18; SERBEH v. KARIKARI (1939) 5 WA34; CA ALLI v. ALHADI (1952) 13 WACA 320. It is only upon the appellant showing some […]

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“Where a visual identification as here has not been destroyed by any credible evidence to the contrary, the Court will be entitled as here to accept and act on it. See Per Chukwuma- Eneh JSC, in Ilodigiwe v. State (2012) LPELR-9342 (SC).” Per ABBA-AJI, J.S.C. in ATTO MABA v. THE STATE (2020- LCER-39168-SC) at p. 37

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“All the ingredients of the offence charged must be established or proved in order to obtain a conviction. Failure to prove any the ingredients of the offence charged, the accused is entitled to acquittal by the trial or appellate Court. In a charge of armed robbery, the prosecution is expected to prove beyond reasonable doubt, […]

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“The counsel responsible for this appeal is hereby reminded of the combination of Rules 30 and 32 (2)(j) & (k) of the Rules of Professional Conduct for Legal Practitioners, 2007 – the RPC frowns at this conduct. Rules 30 and 32 (2)(j) & (k) of the RPC are as follows- 30. A lawyer is an […]

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