The question remains whether the claimants were wrong in filing an affidavit when the defendant did not file any as to its preliminary objection. I must first point out that the argument of the defendant, that the claimants violated the Rules of this Court in filing an affidavit in opposition to the preliminary objection when the defendant did not, is one the defendant made without stating the Rules of this Court that were violated.
— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022
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It is not the business of any Court to select or nominate candidates for any political party for election. The nomination of a candidate to contest an election is the sole responsibility of the political party concerned. The Courts do not have jurisdiction to decide who should be sponsored by a political party as a...
T.M. Orugbo & Anor v. Bulana Una & Ors (2002) 9 SCNJ 12 at 32-33. This Court held that “A Court of law has no legal duty to confine itself only to authorities cited by the parties. It can, in an effort to improve its judgment, rely on authorities not cited by the parties. Historical books or whatever books are authorities and the Koko District Customary Court was free to make use of them in its judgment. That per se is not breach of fair hearing, not even the twin rules of natural justice. The Court is under no duty to give notice to the parties that it intends to use a particular book. That will be a ridiculous situation.”
Ochoga v. Military Administrator, Benue State (2001) 1 NWLR (Pt. 695) page 570 at page 582, it was held thus: “If a party is entitled to a remedy or a relief and it is rightly claimed, he does not lose same by applying for it under a wrong law. This is because the trial court can, in the interest of justice, use the applicable law.”
If I go by sentiments, having regard to the facts of this case leading to this appeal and as appear in the lead Judgment of my learned brother, Oguntade, J.S.C., I may be inclined to allow this appeal. But it is now firmly settled, that sentiments, have no place in our courts including this court....
It is revealed by the record and the pleadings filed by the Respondent that the relief sought by the Appellant was not contested at all. Thus, parties are bound by their pleadings. It is elementary that a Court is bound by the reliefs sought. The generosity or charity of a Court of law is confined...
Cooperative And Commerce Bank Nig. Ltd. Plc V. Attorney General Anambra State & Anor (1992) 8 NWLR (Pt. 261) 528 at 561 held as follows;
“it will be contrary to all principles to allow litigants to suffer for the mistake of the Court Registry. In other words, the Court will not visit the sin of the Court’s Registry on a litigant or his counsel, unless, it was shown that the litigant or his counsel was a party thereto or had full knowledge of the sin or mistake and encouraged or condoned the said act. Therefore, on the authorities, justice, equity, fairness and good conscience, must persuade me, to hold further that this appeal deserves to succeed and it in fact does.”
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