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WHEN PARTIES ARE NOT IN AGREEMENT, ISSUE IS JOINED

Dictum

From the above it is clear that the parties are not agreed on what happened in ward 9, Sabagreia. They have therefore, joined issues on their pleadings. So, what is the legal evidence adduced on both sides in proof of the facts as each party asserted them?

— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99

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NO LAW MAKES PARTY APPEARANCE IN COURT MANDATORY

Instructively, there is no law making it compulsory for a party in a civil action to appear physically in Court. All that is necessarily required, in the best interest of good administration of justice, is that the day to day judicial schedule (Cause List) of the Court is not stultified or frustrated by non-appearance of a party before it.

– I.M.M. Saulawa JCA. Owhor v. Obodo (2020) – CA/PH/448/2017

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COURT WILL NOT REWRITE LEASE AGREEMENT FOR PARTIES

In doing so, the court should bear in mind that it has a responsibility not to re-write the Lease Agreement for the parties but simply to give effect to their intention as may be deduced from the language employed by them.

— Achike, JSC. Unilife v. Adeshigbin (2001) 4 NWLR (Pt.704) 609

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PARTY NOT PUNISHED FOR COUNSEL MISTAKE

It is a very well established principle that the object of courts is to decide the rights of parties and not to punish them for the mistake they or their counsel may make in the conduct of their cases or appeals by deciding otherwise than in accordance with their rights.

– Oputa JSC. Obiora v. Osele (1989) – SC.70/1987

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APPELLANT MUST SUCCEED ON STRENGTH OF HIS OWN CASE

But that notwithstanding, it must be borne in mind that an Appellant does not need the support of the Respondent to win his own appeal. He must succeed or fail, on the strength of his own brief and his own case. – Jonah Adah, JCA. Eshiet v. Effiong (2018)

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CLIENT’S CASE MAY DEPEND ON THE QUALITY OF THE BRIEF

Counsel will do well to remember that the fate of his client’s case may well depend on the persuasive quality of his brief. The Brief is defined in Order 6, Rule 5 of the 1985 Rules as “a succinct statement of his argument in the appeal.” A mere statement of the argument is contrary to the intendment of the rule and therefore not enough.

– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)

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COURT CANNOT GIVE PARTY THAT WHICH HE DID NOT CLAIM

Badmus v. Abegunde (1999) 11 NWLR (Pt. 627) 493, Onu, J.S.C. observed: “It is trite law that the court is without power to award to a claimant that which he did not claim. This principle of law has time and again, been stated and re-stated by this court that it seems to me that there is no longer any need to cite authorities in support of it. We take the view that the proposition of the law is not only good law but good sense. A court of law may award less, and not more than what the parties have claimed. A fortiori, the court should never award that which was not claimed or pleaded by either party. It should always be borne in mind that a Court of Law is not a charitable institution, its duty in civil cases is to render unto every one according to his proven claim.”

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