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A REPLY ON POINTS OF LAW IS NOT MEANT FOR RE-ARGUING ONE’S CASE

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A reply on points of law is meant to be just what it is, a reply on points of law. It is not meant for the party replying on points of law to reargue its case or bring in points it forgot to advance when it filed its final written address. A reply on points of law is thus not meant to improve on the quality of a written address; it is not a repair kit to correct or put right an error or lacuna in the initial brief of argument. See Dr Augustine N. Mozie & ors v. Chike Mbamalu [2006] 12 SCM (Pt. I) 306; [2006] 27 NSCQR 425, Basinco Motors Limited v. Woermann Line & anor [2009] 13 NWLR (Pt. 1157) 149; [2009] 8 SCM 103, Ecobank (Nig) Ltd v. Anchorage Leisures Ltd & ors [2016] LPELR-40220(CA), UBA Plc v. Ubokolo [2009] LPELR-8923(CA) and Musaconi Ltd v. Aspinall [2013] LPELR-20745(SC).

— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013

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NEW FACTS CANNOT BE INTRODUCED VIA A PETITIONER’S REPLY

It is therefore clear that paragraph 16(1) of the First Schedule to the Electoral Act does not permit a Petitioner in his Reply to introduce or bring in any new issue or fact which ought to have been raised in the petition itself. In other words, a Petitioner cannot in the guise of a Reply...

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FUNCTION OF A REPLY BRIEF

The function of a reply brief is to refute the new arguments in the respondents brief. A reply brief is necessary when an issue of law or argument is raised in the Respondents brief which requires a reply by the appellant. Failure to file a Reply brief can adversely affect the case of the appellant...

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ESSENCE OF A REPLY BRIEF

The essence of a reply brief is not to reopen argument already canvassed. It is to reply to new issues that have arisen in the respondents brief of argument. — P.A. Galumje, JSC. Was this dictum helpful? Yes 0 No 0...

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FAILURE TO FILE REPLY BRIEF MAY BE DEEMED ACCEPTANCE OF NEW POINTS RAISED

Although it is not mandatory for an appellant to file a reply brief. However, where a respondents brief raises a point of law not covered in his (appellants) brief, he (appellant) ought to file a reply (brief). Indeed, where he fails to do so (that is, fails to file a reply brief) without an oral...

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IT IS NOT NECESSARY FOR A PLAINTIFF TO FILE A REPLY

In the cited case ofAli v. Salihu (2011) 1 NWLR (Pt.1228) 227 at 253, this Court, per Shadipe JCA stated thus – “The law is no doubt settled that a reply is not filed to a statement of defence as of course. Further pleadings by way of reply is to be filed for the purpose...

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NO NEED FOR REPLY BRIEF WHERE NO NEW ISSUE IS RAISED

The respondent did not raise any new issue for appellant to file a reply brief. The reply brief is discountenanced for being repetitive of what has been canvassed in the main brief. — T.Y. Hassan, JCA. EMTS Ltd. (Etisalat) v. Godfrey Nya Eneye (2018) – CA/A/724/2014 Was this dictum helpful? Yes 0 No 0...

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