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EVERY JUDGEMENT TAKES EFFECT ON PRONOUNCEMENT

Dictum

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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MEANING OF OPINION IN A CASE/JUDGEMENT

I must not, I believe, confuse it with the meaning attached to the word in England where it refers to the speech or a whole judgment of a Law Lord delivered in the Rouse of Lords, or in the United States where it refers to the entire judgment of a superior court. It is in the context of the use of the word with reference to the United States and House of Lords’ decision that Black’s Law Dictionary (5th Edn.) at p.985 defined “opinion” as- The statement by a Judge or Court of the decision reached in regard to a cause tried or argued before them expounding the law as applied to the case and detailing the reasons upon which the judgment is based. This equates an “opinion” to the entire decision, which would include other parts of a judgment. But clearly the appellants are not saying that the Court of Appeal on the second hearing should have simply rubber-stamped and handed down again the previous decision of that court differently constituted. A more relevant definition of the word “opinion” in the sense it is used in this appeal is to be found in Words and Phrases Permanent Edition Vol. 29A at pp. 495-496 where “opinion” was defined thus: “An ‘opinion’ of the court is a statement by the court of its reasons for its findings, conclusions, or judgment. I adopt this, and only add that it also includes not only the reasons but also such findings or conclusions in such a judgment. So, an “opinion” is the reasoning and conclusion of a Judge on the issue or issues in contention before him. It is in this context that I shall consider the real points raised by this appeal.

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

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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, one in the lower and the other in the High Courts.

— Ngwuta JSC. The State v. Monsurat Lawal (SC. 80/2004, 15 Feb 2013)

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NIGERIAN JUDGEMENTS CAN BE ENTERED IN FOREIGN CURRENCY

If there was any doubt that judgment can now be entered in foreign currency as the Court of Appeal had done, the opinion of Ogundare, JSC in Koya v. United Bank for Africa Ltd. (1997) 1 NWLR (Pt. 481) 251, 269 – 289 should, in my opinion, lay such doubt to rest. After a review of several local and English authorities he said at p. 289: “It is my respectful view that courts in this country can claim jurisdiction to entertain and determine cases where sums in foreign currencies are claimed. The old rule in England, as well as in Nigeria, is judge-made and in the light of present day circumstances of extensive international commercial relationships, that rule should give way to a new rule as now in England more so that the difficulties hitherto experienced in enforcing such judgments no longer apply.”

— Ayoola, JSC. Saeby v. Olaogun (1999) – SC.261/1993

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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

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PRESUMPTION AS TO CORRECTNESS OF TRIAL COURT JUDGMENT

The law is that the conclusion of the trial Court on the facts is presumed to be correct, so that presumption must be displaced by the person seeking to upset the judgment on the facts.

– Ogakwu, J.C.A Fijabi v. FBN (2021)

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JUDGEMENT DELIVERED AFTER 90 DAYS; MISCARRIAGE HAS TO BE SHOWN TO SET ASIDE

It seems to me of necessity to stress the obvious that although courts are expected to deliver their decision within 90 days after final addresses, where the stipulated time is however not complied with either due to force majeure, inadvertence or neglect, such decision will not be rendered a nullity, unless and until the appellate court seized of the complaint or appeal is satisfied that such late delivery of judgment has occasioned miscarriage of justice. This to my mind is the true import of the provisions of Section 294(1) and (5) of the 1999 constitution aforementioned. See also the decisions in ATUNGWU VS OCHEKWU (2004) 17 NWLR (PT 901) 18; IGWE VS KALU (2002) 5 NWLR (PT 761) 678 and OLOKOTINTIN VS SARUMT (1997) 1 NWLR (PT 480) 222 AT 232.

— S.C. Oseji, JCA. ACB v Ajugwo (2011) – CA/E/66/2006

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