Judiciary-Poetry-Logo
JPoetry

PARTY NOT BOUND BY JUDGMENT ON VENDOR AFTER LAND PURCHASE

Dictum

In Mercantile Investment & General Trust Co. v. River Plate Trust, Loan & Agency Co. (1894)1 Ch 578 at 595 said the learned Judge: “Moreover, if the claim of the plaintiff company could be regarded as one affecting land, notwithstanding that no registration of that claim had been made in Mexico, which alone could validly bind the land there, then the English Company would be entitled to say that they were purchasers of the land prior to that action, notwithstanding that their title may also not have been perfected by registration. A prior purchaser of land cannot be estopped as being privy in estate by a judgment obtained in an action against the vendor commenced after the purchase.”

Was this dictum helpful?

SHARE ON

TO VARY COURT JUDGEMENT, RESPONDENT NEEDS TO FILE RESPONDENT’S NOTICE

The 1st defendant cannot in the circumstances of this case, it not having appealed and not having filed a respondent’s notice, pray for a variation in the judgment in its favour. — Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988 Was this dictum helpful? Yes...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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,...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

JUDGEMENTS OF COURT MUST BE OBEYED

Unfortunately, sentiments command no place in judicial adjudication. Orders and judgments of lower courts are meant to be obeyed, and must be obeyed. – Eko JSC. Chemiron v. Stabilini (2018) Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WHAT IS A FINAL JUDGEMENT?

In Obasi Brothers Merchant Co. Ltd. vs. Merchant Bank of Africa Securities Ltd. (2005) 2 SCNJ 272, Pat-Acholonu, JSC held at page 278 that: “A final judgment is one which decides the rights of parties. In other words it is a decision on the merits of the case where the matter is assiduously canvassed and...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

ONLY COURT OF LAW CAN PASS GUILT OF AN OFFENCE

A university student is a priceless asset and as he is on the threshold of useful service to the nation, we cannot afford to destroy him by stigmatising him with offences unless proved guilty before a Court. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here
No more related dictum to show.