DECLARATORY JUDGEMENT IS DISCRETIONARY

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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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 v. ELUSANMI [1971] 1 NMLR 277. A judgment debtor seeking to stay the execution must show that he is challenging the judgment, or is asking for time to comply with the terms of the judgment.”

— D. Musdapher JSC. M.O. Olatunji v. Owena Bank (PLC) & Anor. (SC.349/2002, 25 April 2008)

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A MERE VARIATION OF PANEL DOES NOT NULLIFY JUDGEMENT OF COURT

This is also settled, a mere variation in the composition of a Panel or tribunal or court, which does not affect the substance of the inquiry, cannot touch or affect, the judgment or decision, of such a body neither does such variation, render the judgment or decision, a nullity.

— Ogbuagu JSC. Ndukwe v LPDC [2007] – SC 48/2003

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A COURT WILL TAKE JUDICIAL NOTICE OF HIS JUDGEMENT, REPORTED OR UNREPORTED

I think it is fairly well settled and not a matter of argument that a court will take judicial notice of its records and proceedings. In respect of the valid judgments of a court of Record, the court will readily take judicial notice of its judgments reported and unreported. I would not draw any distinction between panels of the same court. A decision of one panel is a decision of the Court and each Panel will take judicial notice of it. In my view, it is only for convenience that published report of valid judgments of court or copies of its unreported judgments are brought before a court. They need not be, they could just be cited.

— Nnamani JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)

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SUBORDINATE COURT CANNOT SIT OVER JUDGEMENT OF SUPREME COURT

My Lords, the law is settled, and as rightly stated by learned senior counsel for the Appellant, that the Court below, and other Courts subordinate to this Court, lack the jurisdictional competence and power to sit on appeal over the judgment of this Court. This is the import of Section 235 CFRN 1999 as amended.

– A. Aboki, JSC. Sani v. Kogi State (2021) – SC.1179/2019

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A JUDGEMENT IN A CIVIL CASE IS MADE UP OF FIVE DISTINCT PARTS

I belief it is useful to begin my consideration of the main issue for determination in this appeal by advising myself that a judgment in a civil case is made up more or less of five distinct parts. These are the introduction of the issue in controversy between the parties, the cases of either side to the litigation as revealed on the pleadings, the evidence called by either side in support of its case, the resolution of the issues of fact and of law put forward by each party, and the court’s conclusions based on the resolution of the issues and the claims before the Court.

— P. Nnaemeka-Agu JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)

COURT JUDGEMENT IS VALID UNTIL APPEALED AGAINST

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DECLARATORY JUDGEMENT IS DISCRETIONARY

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EVERY JUDGEMENT TAKES EFFECT ON PRONOUNCEMENT

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A MERE VARIATION OF PANEL DOES NOT NULLIFY JUDGEMENT OF COURT

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A COURT WILL TAKE JUDICIAL NOTICE OF HIS JUDGEMENT, REPORTED OR UNREPORTED

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SUBORDINATE COURT CANNOT SIT OVER JUDGEMENT OF SUPREME COURT

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A JUDGEMENT IN A CIVIL CASE IS MADE UP OF FIVE DISTINCT PARTS

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