Judiciary-Poetry-Logo
JPoetry

INCOMPETENT REPLY ON POINTS OF LAW

Dictum

Now, the law is that a reply on points of law is meant to be just what it is, a reply on points of law. It should be limited to answering only new points arising from the opposing brief. 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. It is not a form to engage in arguments at large. Alternatively put, a reply on points of law is not meant to improve on the quality of a written address; a reply brief 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. The effect of non compliance is that the Court will discountenance such a reply brief. See Onuaguluchi v. Ndu [2000] 11 NWLR (Pt. 590) 204.

— B.B. Kanyip, J. Olatunji v UBER (2018) – NICN/LA/546/2017

Was this dictum helpful?

SHARE ON

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

ESSENCE OF A REPLY BRIEF

The learned senior counsel appeared to have been unaware of the essence of a reply brief. It is not for a repetition or improvement of arguments in the appellant’s brief. Appellant need not repeat issues joined either by emphasis or expatiation. – Ngwuta, J.S.C. Danladi v. Dangiri (2014) Was this dictum helpful? Yes 0 No...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

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...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

PURPOSE OF A REPLY BRIEF

A Reply Brief is meant to explain or contest fresh issue of law raised in the Respondents brief, which was not canvassed in/by the Appellants Brief. – Mbaba JCA. Aduba v. Aduba (2018) Was this dictum helpful? Yes 0 No 0...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now
No more related dictum to show.