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COURT’S PRONOUNCEMENT SHOULD BE TIED TO THE FACTS WARRANTING THEM

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It also appeared in rather bold relief that there is now a tendency among our lawyers, and sometimes among some of our Judges, to consider pronouncements made by Justices of the Supreme Court unnecessary isolation from the facts and surrounding circumstances those particular cases in which those pronouncements were made. I think it ought to be obvious by now, that it is the facts and circumstances of any given case that frame the issues for decision in that particular case. Pronouncements of our Justices whether they are rationes decidendi or obiter dicta must therefore be inextricably and intimately related to the facts of the given case. Citing those pronouncements without relating them to the facts that induced them will be citing them out of their proper context, for, without known facts, it is impossible to know the law on those facts.

– Oputa, JSC. Adegoke v. Adesanya (1989)

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COURT CANNOT GRANT MORE THAN A PARTY SEEKS FOR

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 strictly to the reliefs sought to the extent that a Court of law cannot give a party what he did not claim. That is completely outside our procedural law. The rationale behind this is that a party who comes to Court knows where the shoe pinches him and therefore knows the limits of what he wants. The Court, as an unbiased umpire, cannot claim to know the reliefs better than the party. See Per Tobi, JSC, in EAGLE SUPER PACK (NIGERIA) LTD V. ACB PLC (2006) 19 NWLR (PT 1013) 20 or (2006) LPELR (980) 1 AT 40.

— U.M. Abba Aji, JSC. Cappa v NDIC (2021) – SC.147/2006

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NATIONAL COURTS DO NOT QUALIFY AS INTERNATIONAL COURTS

In Valentine Ayika V. Republic Of Liberia (2011) CCJELR, pg. 237, para 13, the Court held that the Supreme Court of Liberia and for that matter any other Court in Member States does not qualify as international court within the meaning of Article 10 (d)(ii) of the Protocol as amended.

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ROLES OF TRIAL COURT AND THAT OF COURT OF APPEAL

What was the Tribunal’s treatment of the witnesses and their evidence as placed before it? Before embarking on the exercise, I shall, firstly, remind myself of the role of this Court. Trial Courts, as their name suggests, try cases. To them belongs the reception of evidence. (Appellate Courts receive evidence only in exceptional cases and circumstances), the evaluation of such evidence, the issue of credibility or otherwise of witnesses adducing such evidence and the making of findings of fact based most times on the credibility of the witnesses – all these are matters peculiarly and comfortably in the exclusive province of the Court that sees, hears, matches and believes. See Chief Frank Ebba vs. Chief Wani Ogodo (1984) 4 S.C. 84 at Pp. 98/99; (1984) 1 SCNLR 372. It is quite a different matter when it is a matter of what inference or deduction to make from facts either as admitted or as found. In such a situation the Court of Appeal is in as a good a position as or even better than the trial court. See Benmax vs. Austin Motors (1955) A.C. 370 at p. 375.

— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99

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COURT IS NOT RESTRICTED TO AUTHORITIES CITED BY PARTIES

It is to be said loud and clear that a Court of law has no legal duty to confine itself only to authorities cited by parties. It can, in an effort to improve its Judgment rely on authorities not cited by parties. The Court is also under no duty to give notice to the parties that it intends to use a particular book or authority.

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

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WHEN IS A COURT COMPETENT

A court is competent when:- (a) It is properly constituted as regards numbers and qualification of members of the bench that no member is disqualified by one reason or another. (b) The subject matter of’ the action is within its jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction. (c) Proper parties are before the court. (d) The action is initiated by due process of law and upon fulfillment of any condition precedent to the exercise of its jurisdiction.

– Adekeye, J.S.C. Goodwill v. Witt (2011) – SC. 266/2005

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MISTAKE OF REGISTRY WILL NOT BE VISITED ON LITIGANT

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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