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!

COURT OF COORDINATE JURISDICTION GIVING CONTRADICTORY JUDGEMENTS BRINGS IGNOMINY

Reach more audience. Place advert here.

Pats-Acholonu, JSC in N.I.M.B. LTD vs. U.B.N. LTD (2004) 12 NWLR (pt. 888) 599 at 618 thus: “Now there is no doubt that the two Courts in this case of co-ordinate jurisdiction became seised of the same subject matter in which it must be made absolutely clear, made orders which from whatever or however any one may look and try to synthesise or analyse them, were pitched against each other. In that case, the protagonists, id est, the legal combatants would inevitably be put in the quandary as to which order would prevail or be obeyed. …They ought necessarily to avoid a situation where the Court by its being less cautious exposes itself by the nature of the order it makes to ridicule and the majesty and aura of its pronouncements are either compromised or treated with ignominy as a non-issue by the confused parties and I dare say by the common citizenry.”

Was this dictum helpful?

SHARE ON

decision

COURT OF COORDINATE JURISDICTION CANNOT SET ASIDE ANOTHER COORDINATE COURT DECISION

It needs be reiterated that a Court after the dismissal of a suit before it lacks the competence to delve into the matter any longer. The fact that the Court is being presided over by another judge of the same jurisdiction as the judge that dismissed Suit No. HOY/7/97 does not make any difference. The Court lacks the jurisdiction to re-phrase the judgment, of a Court of co-ordinate and competent jurisdiction.

– M. Peter-Odili JSC. Adegbanke v. Ojelabi (2021)

Was this dictum helpful?

CERTIFIED TRUE COPY OF UNREPORTED DECISION MUST BE PROVIDED BY COUNSEL

I need to point out that in paragraph 6.2 of their written address, the claimants referred to an unreported decision of the Court of Appeal: Appeal No: CA/A/122/2014: Federal Inland Revenue Service v. TSKJ Construcoes International Sociadade Unipersonal LDA delivered 17 July 2017. A copy of the unreported decision was not forwarded to this Court as enjoined by Order 45 Rule 3(1) of the NICN Rules 2017. This Court is accordingly not obliged to give any consideration to the cited unreported case (Appeal No: CA/A/122/2014). As His Lordship Augie, JSC intoned in Major General Kayode Oni (Rtd) & 4 ors v. Governor of Ekiti State & anor [2019] LPELR-46413(SC). It is an elementary principle, very elementary, that Counsel who want the Court to make use of authorities cited in Court must provide the name of Parties, the year the case was decided, and where the case is reported, name of the Law Report, the year, volume and page must be cited. But if the said case is unreported, Counsel must provide the Court with a certified true copy of the Judgment sought to be relied upon – see Chidoka & anor v. First City Finance Co. Ltd [2013] 5 NWLR (Pt. 1344) 144 and Ugo-Ngadi v. FRN [2018] LPELR-43903(SC).

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

Was this dictum helpful?

UNLESS DECISION IS PERVERSE, FINDING OF TRIAL COURT IS UPHELD

In Ebba vs. Ogodo (1984) 4 SC 372. The apex court had this to say:- “Unless the Court of Appeal finds that the decision is perverse, the Court of Appeal, whose opportunity is confined to printed record, is obliged to, and must accord to the finding of fact, by the trial court, the greatest weight and due respect.”

Was this dictum helpful?

SUPREME COURT IS MORE CONCERNED ABOUT THE DECISION, THAN REASON OF COURT OF APPEAL

Again for emphasis is that an appellate Court such as this Apex one, will not reverse the decision of the Court below simply because the conclusion and decision were reached from a wrong reason. This is so because once the decision is correct the wrong channel or route through which that decision was made would not scuttle the said conclusion. See The State v John Ogbubunjo (2001) 1 SCNJ 86 at 106 per Onu JSC. — M.U. Peter-Odili, JSC. Kwara Judicial Commission v Tolani (2019) – SC.63/2010

Was this dictum helpful?

DECISION OF A COURT OF LAW OF COMPETENT JURISDICTION IS TO BE OBEYED

The true position of the law is that an order of a court whether it is to preserve the status quo or an executory order as such as the instant interim order to restore the name of the 1st respondent in the list of candidates for the aforesaid election clearly being an interim order with a mandatory character cannot be determined simply by looking at the form of the application or cause (from which it is generated) in order conclusively to say whether it is final or interlocutory but has further to be scrutinized from the view point of its intrinsic nature that is to say the nature of the order itself vis-a-vis the rights of the parties in the suit. It is furthermore my view that whether or not the instant order is final or interlocutory does not affect it being all the same a decision of a court of competent jurisdiction to be obeyed.

— C.M. Chukwuma-Eneh, JSC. Kubor v. Dickson (2012) – SC.369/2012

Was this dictum helpful?

TRIAL COURT DECISION WILL NOT BE SET ASIDE IF FINDING IS SUPPORTED BY EVIDENCE

The decision of a trial Court would not be set aside merely because this Court would have employed a different procedure for the evaluation of the evidence, drawn different inferences and reached different conclusion on some or even all of the facts. The important thing is that the decision of a trial Court can be apparently supported by the evidence placed before it.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

Was this dictum helpful?

No more related dictum to show.