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ONLY PARTIES TO A DEED CAN SUE

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Dictum

There can be no doubt about the general position that, under English law, a person who is not a party to a deed cannot sue to set it aside or to have it declared null and void: only parties to the deed can do so. This is because the remedy is basically equitable in origin and, as equity acts in personam, the question of cancellation or setting aside of a deed which has been signed, sealed, and delivered was strictly a matter between the parties to the deed. It was possible, on grounds of fraud or constructive fraud committed upon one of the parties to have the deed set aside or ordered to be delivered up for cancellation by order of court.

– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)

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DIRECTING PERSONAL ATTENDANCE OF APPELLANT INFRINGES LIBERTY

The order of the Court directing the personal attendance of the appellants is an interference with their liberty as provided under Section 35 of the Constitution 1999 (as amended) when there is no law or rules of Court expressly authorizing the infringement.

– Chima Centus Nweze, J.S.C. Independent National Electoral Commission & Anor v. Ejike Oguebego & Ors (2017)

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COURT WILL NOT PUNISH PARTY FOR MISTAKE OF COUNSEL

I think it should be regarded as settled by a long line of decided cases that the Courts do not normally punish a litigant for mistakes of his counsel. But in my opinion, the Court will not regard this as a universal talisman, the waiver of which will act as a panacea in all cases, the Courts must be satisfied not only that the allegation of the … of Counsel is true and genuine but also it is availing having regard to the circumstances of the particular case.

– I.M.M. Saulawa JCA. Owhor v. Obodo (2020) – CA/PH/448/2017

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COURT WILL NOT REWRITE LEASE AGREEMENT FOR PARTIES

In doing so, the court should bear in mind that it has a responsibility not to re-write the Lease Agreement for the parties but simply to give effect to their intention as may be deduced from the language employed by them.

— Achike, JSC. Unilife v. Adeshigbin (2001) 4 NWLR (Pt.704) 609

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WHEN PARTIES ARE NOT IN AGREEMENT, ISSUE IS JOINED

From the above it is clear that the parties are not agreed on what happened in ward 9, Sabagreia. They have therefore, joined issues on their pleadings. So, what is the legal evidence adduced on both sides in proof of the facts as each party asserted them?

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

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WHO ARE THE PARTIES IN A LEGAL PROCEEDING

In legal proceedings the parties, generally speaking, are the persons whose names appear on the record as plaintiffs or defendants.

– Oputa, JSC. Green v. Green (1987)

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