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WHILE DEALING WITH RULING, COURT SHOULD NOT GO INTO MERIT

Dictum

He dismissed the application in a somewhat lengthy ruling dealing in some respects with the substance and merit of the appeal which the Court of Appeal was yet to hear and determine. In my opinion, this is, with utmost respect, prejudicial, irregular and undesirable. Fortunately it is a different panel of the court below that will now hear the pending appeal.

— Uwais, CJN. Momah v VAB Petro (2000) – SC. 183/1995

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PLAINTIFF MUST SUCCEED ON THE STRENGTH OF HIS CASE

It is trite law that a plaintiff must succeed on the strength of his own case and not on the weakness of the defendant’s case: Kaiyaoja v. Egun(a (1974) 12 S.C. 55.

— Olatawura, JSC. Adesanya v Otuewu (1993) – SC.217/1989

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