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DECLARATORY JUDGEMENT IS DISCRETIONARY

Dictum

In the case of Egbunike v. Muonweokwu (1962) 1 All NLR 46 Taylor, FJ. held as follows on p. 51. “A declaratory judgment is discretionary. It is a form of judgment which should be granted only in circumstances in which the Court is of opinion that the party seeking it is, when all the facts are taken into account, fully entitled to the exercise of the Court’s discretion in his favour.”

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JUDGEMENT CONFINED TO ISSUE RAISED

It is a well settled principle of judicial adjudication that the judgment in a lis must be confined to the cause of action and the issues raised on the pleadings See: Ochonma v. Asirim Unosi (1965) NMLR 321. The court cannot grant remedies or reliefs not claimed by the parties. – Karibe-Whyte JSC. Awoniyi v....

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EVERY JUDGEMENT TAKES EFFECT ON PRONOUNCEMENT

In the case of INTERCONTRACTORS NIGERIA LTD v. U.A.C. OF NIGERIA LTD (supra) or (1988) (Pt. 1) Vol. 9 NSCC 737 at 752. This court per KARIBI WHYTE JSC stated:- “It is well settled that every judgment takes effect on pronouncement – see BANK OF WEST AFRICA LTD v. N.I.P.C LTD [1962] LLR 31; OLAYINKA...

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MAGISTRATE COURT IS TO DELIVER JUDGEMENT WITHIN TIMEFRAME SET BY THE CONSTITUTION

In any case, section 294(1) of the Constitution is intended to ensure that a court delivers its judgment before the lapse of human memory. Those who preside over the Magistrates’ Court have no claim to better and longer memory than the Judges of Superior Courts, nor can there be a double standard of justice delivery,...

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DISSENTING JUDGEMENT IS NOT BINDING

Learned counsel for the Appellant has urged this Court to adopt the dissenting view of Agbaje JSC as it is more in accord with the law that creates trust. In alternative learned counsel invited this Court to look further into this matter and if necessary depart from the relevant holding, especially the dictum of Olatawura...

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CONSEQUENTIAL ORDER GIVES EFFECT TO A JUDGEMENT

A consequential order is an order founded on the claim of the successful party. In other words, a consequential order is one which is not merely incidental to a decision properly made, but one which is merely to give effect to that decision. – Karibe-Whyte JSC. Awoniyi v. AMORC (2000) Was this dictum helpful? Yes...

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IT IS BETTER TO HAVE A BAD JUDGEMENT QUICKLY THAN A GOOD ONE TOO LATE

Furthermore, like I equally pointed out in the considered Bench ruling of 11 May 2023, citing Mr Victor Adegboyu v. UBA unreported Appeal No. CA/IL/20/2021, the judgment of which was delivered on 14 April 2022 per His Lordship Amadi, JCA, time is of the essence in labour adjudication; and so the mantra of labour adjudication is: it is better to have a bad judgment quickly, than a good one too late. See The Federal Polytechnic, Mubi v. Mr Emmanuel Peter Wahatana unreported Appeal No. CA/YL/175M/2021, the ruling of which was delivered on 27 April 2023 per His Lordship Affen, JCA.

— B.B. Kanyip, J. FG v. ASUU (2023) – NICN/ABJ/270/2022

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