Tag Archives: law pavilion

Effect of raising the defence of Accident

SGT. KALEJAIYE OLA v. THE STATE (2018) LPELR-44983(SC)

APPLICABLE AREA: Criminal Law and Procedure

PREAMBLE

An accident was defined by Karibi-Whyte, JSC (as he then was) as a “Result of an unwilled act, and means an event without the fault of the person alleged to have caused it.” It was also defined by Oputa JSC, (as he then was and of a blessed memory) as “…an event totally unexpected by the doer of the act and also not reasonably to be expected by any ordinary person, the reasonable man of the law. In other words, the test is both subjective from the stand point of the doer of the act, as well as objective from the stand point of the ordinary man of common prudence. The event should, to qualify as accidental, be a surprise both to the doer of the act that caused it and a surprising thing to all and sundry. An event is thus accidental. It is neither subjectively intended nor objectively foreseeable by the ordinary man of reasonable prudence.” Continue reading Effect of raising the defence of Accident

The court cannot pick and choose which portion of the evidence of a witness to believe

NWORU v. STATE (2018) LPELR-44640(CA)

PRACTICE AREA: EVIDENCE

INTRODUCTION

When a person comes to court as witness and in giving his evidence, he spews both hot and cold, can the Court filter the ones to believe and discard the rest? The Court of Appeal Per OGUNWUMIJU, J.C.A in NWORU v. STATE (2018) LPELR-44640(CA) has held that: ‘The Court cannot pick and choose which portion of the evidence of prosecution witness to believe. It is either the witness is a truthful witness or an outright liar whose total evidence must be evaluated as credible or incredible as the case may be.” Continue reading The court cannot pick and choose which portion of the evidence of a witness to believe

Appeal can be heard notwithstanding incomplete record of appeal.

ATOSHI & ORS v. AGBU & ORS (2018) LPELR-44477(CA)

PRACTICE AREA: APPEAL

INTRODUCTION:

It is the law that, appeals are heard and determined on the record of appeal which has been settled by the parties. However, the Court of Appeal Per OMOLEYE, J.C.A. while delivering the lead Ruling in ATOSHI & ORS v. AGBU & ORS (2018) LPELR-44477(CA) held that ‘…depending on the circumstances of each matter, where in an appeal there is incomplete record or part of the record is missing, the appellate Court has any of the following three options to take viz: a) Continue reading Appeal can be heard notwithstanding incomplete record of appeal.

Law Report: Jurisdiction of the Federal/State High Court with respect to simple contract

MATTHEW IKPEKPE V. WARRI REFINERY & PETROCHEMICAL CO. LTD & DR.DENA (2018) LPELR-44471(SC)

PRACTICE AREA: JURISDICTION OF COURT

PREAMBLE

It was expressed by the Supreme Court per OKORO, J.S.C. delivering the leading judgment of the Apex Court in IKPEKPE v. WARRI REFINERY & PETROCHEMICAL CO. LTD & ANOR (2018) LPELR-44471 (SC) that “The importance of the jurisdiction of a Court cannot be over emphasized. The law is trite that jurisdiction is a threshold issue and livewire that determines the authority of a Court of law or Tribunal to entertain a case before it and it is only when a Court is imbued or conferred with the necessary jurisdiction by the Constitution or law that it will have the judicial power and authority to entertain, hear and adjudicate upon any cause or matter brought before it by the parties. Where a Court proceeds to hear and determine a matter without the requisite jurisdiction, it amounts to an exercise in futility and the proceedings and judgment generated therefrom are null, void and of no effect no matter how well conducted.” Continue reading Law Report: Jurisdiction of the Federal/State High Court with respect to simple contract

Signing of a charge by a person other than the drafter does not invalidate the charge

AMEH v. STATE (2018) LPELR-44463(SC)

INTRODUCTION

Section 211(1) of the 1999 Constitution of the FRN (as amended) empowers the Attorney General of a State to institute and undertake criminal proceedings against any person before any Court of law. And by Subsection 2 thereof, the power conferred on the Attorney General of a State under Subsection one (1) may be exercised by him in person or through officers of his department. Continue reading Signing of a charge by a person other than the drafter does not invalidate the charge

What happens where both parties laying claim to land fail to prove title to the Land

WHAT HAPPENS WHERE BOTH PARTIES LAYING CLAIM TO A LAND FAIL TO PROVE TITLE TO THE LAND?

GWAMILE v. IDIH & ANOR (2018) LPELR-44139(CA)

PRACTICE AREA: LAND LAW

INTRODUCTION

It is the law, that for a person to be entitled to the legal ownership of a land, he has to establish his root of title. There are five fundamental ways of proving title to land. A foremost authority, in which these prerequisites were prescribed, is the case of Idundun v. Okumagba (1976) 9-10 SC 227 where the Supreme Court prescribed five ways of proving title to land to be by traditional evidence; by document of title; by various acts of ownership numerous and positive and extending over a length of time as to warrant the inference of ownership; by act of lawful enjoyment and possession of the land; and by proof of possession of adjacent land in circumstances which render it probable that the owner of such land would in addition be the owner of the other land. Continue reading What happens where both parties laying claim to land fail to prove title to the Land

Judgement: Whether Regulatory Agencies can impose fines without recourse to the Court

Whether Regulatory Agencies can impose fines without recourse to the Court

WHETHER REGULATORY AGENCIES CAN IMPOSE FINES WITHOUT RECOURSE TO THE COURT

NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY (NOSDRA) v. MOBIL PRODUCING NIGERIA UNLIMITED (EXXONMOBIL) (2018) LPELR-44210(CA)

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

PREAMBLE Continue reading Judgement: Whether Regulatory Agencies can impose fines without recourse to the Court

EFCC v.AYO FAYOSE-The Need for Jurisdictional Synergy between Courts of co-ordinate Jurisdiction

THE ECONOMIC AND FINANCIAL CRIMES COMMISSION v. MR. AYODELE FAYOSE & ANOR (2018) LPELR-44131(CA)

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

PREAMBLE

In the words of My Lord Justice BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment) in THE ECONOMIC AND FINANCIAL CRIMES COMMISSION v. MR. AYODELE FAYOSE & ANOR (2018) LPELR-44131(CA) Continue reading EFCC v.AYO FAYOSE-The Need for Jurisdictional Synergy between Courts of co-ordinate Jurisdiction

There is no time limit within which an application for leave to appeal as an interested party may be brought

ONUKAGHA & ANOR v. OKOROAFOR & ORS (2018)

LPELR-44080(CA)

PRACTICE AREA: APPEAL

INTRODUCTION

Generally, Section 24 of the Court of Appeal Act prescribes that appeal arising from a final judgment of the High Court must be lodged within three months in respect of civil cases and 90 (ninety) days for criminal cases while an appeal against an interlocutory decision of a High Court must be lodged within 14 days. There has however been instances where an affected party is not even a party to the suit itself but merely gets to know about the suit when the judgment is being executed or about to be executed against him. In such an instance, if the stipulated period of 90 days has elapsed, will the Court foreclose the interested party from filing an appeal? Continue reading There is no time limit within which an application for leave to appeal as an interested party may be brought