STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

PAPER OF WRIT, PETITION, AND OTHER COURT PROCESSES COULD REPLACE AN AFFIDAVIT

Reach more audience. Place advert here.

I acknowledge that there is no hard and fast rule that a preliminary objection must be supported by an affidavit so long as enough material is placed before the trial court on which it can judicially and judiciously pronounce on the preliminary objection. Where the alleged offending writ, petition or other court process ex facie contains the relevant information against which an objection is being raised, the necessity to rely on affidavit evidence does not arise. See Bello v. National Bank of Nigeria [1992] 6 NWLR (Pt. 246) 206 at 219 (per Achike, JCA, as he then was).

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

Was this dictum helpful?

SHARE ON

processes

PROCESS TO BE EXHIBITED ALONGSIDE APPLICATION FOR EXTENSION OF TIME

Besides the preliminary objection, the defendant did not file any other defence process within the time allowed it by the Court. The application by the defendant for leave to extend this time was rejected by the Court since copies of the defence processes were not exhibited alongside the application for extension of time. This meant that the defendant had no defence process in this suit.

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

Was this dictum helpful?

HOW PROCESSES FILED IN COURT MAY BE SIGNED

In SLB Consortium Ltd v NNPC (2011) 4 SC (Pt.1) p.86, I explained how processes filed in Court are to be signed. I said: First, the signature of counsel, which may be any contraption. Secondly, the name of counsel clearly written. Thirdly, who counsel represents. Fourthly, name and address of legal Firm. It is clear...

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

TRIAL JUDGE SHOULD NOT RELY ON ORIGINAL STATEMENT OF DEFENCE WHEN THERE IS AN AMENDMENT

Madam Salami and others v. Oke (1987) 4 NWLR (Pt.63) 1. Both counsel relied on this case. In this case, the Supreme Court held that there is nothing fundamentally wrong with a trial Judge merely referring to an original Statement of Defence. However, there is everything wrong with the trial Judge relying on original Statement...

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

CARE MUST BE OBSERVED IN PREPPING COURT PROCESSES

Tobi, J.C.A. in Joshua Fumudoh and Anor. v. Dominic Aboro and Anor. (1991) 9 NWLR (Pt.214) 210 at 225 where His Lordship had this to say:- “All I have done is send one message to counsel in the preparation of court processes. So much care is required and so much care should be taken. A...

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

STATEMENT OF CLAIM WHICH HAS BEEN AMENDED DOES NOT CEASE TO EXIST, BUT CANNOT DETERMINE LIVE ISSUES

Again, the Appellants are spot-on that this Court can look at the Respondent’s original pleadings because it is settled law that a statement of claim or defence, which has been duly amended, does not cease to exist: it still forms part of the proceedings and a Court cannot close its eyes to it -see Salami...

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

COURT PROCESS IS TO BE FILED AS FOLLOWS

This position is further reinforced by the case of; Daniel Ihibe Omede v Umion Bank of Nigeria Plc. (2013) LPELR-22793(CA) where Abdullahi JCA held as follows; ‘’All processes filed in Court are to be signed as follows: a) The signature of counsel, which may be any contraption, b) name of the counsel clearly written, c)...

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

No more related dictum to show.