Benevolent Practice

02/10/2019

"...before a Court can grant an order under the pretext of consequential order, such a relief must be ancillary or connected with the main relief granted and be made in order to give effect to the Judgment of the Court."
MOBIL PRODUCING (NIG.) LTD. vs. FEDERAL INLAND REVENUE SERVICE(2018)LPELR-45560(CA)

ISSUE: CONSEQUENTIAL ORDER: Purpose of a consequential order


PRINCIPLE:
"A consequential order is order that follows as a result of the main order in the case. It is the one that gives effect
to the judgment or order to which it is consequential. It is thus directly traceable to the judgment or order duly
prayed for and made. See DANTSOHO v. MOHAMMED 2003 LPELR-926 (SC). The law is also settled that even
where a person has not specifically asked for a relief from a Court, the Court has the power to grant such a relief
as a consequential relief. See AMAECHI v. INEC & ORS. (2008) LPELR-446 (SC). The Apex Court restated the
position of the law with regards to purpose of consequential order in the case of NYAKO v. ADAMAWA STATE
HOUSE OF ASSEMBLY & ORS. (2016) LPELR-41822 (SC), where per Muhammed, JSC, it held thus:
"In Awoniyi v. Reg. Trustees of AMORC (2000) 10 NWLR (Pt. 676) 522, this Court re-stated the purpose of a
consequential order "The purpose of a consequential order is to give effect to the decision or judgment of the
Court but not by granting an entirely new, unclaimed and/or incongruous relief which was not contested by the
parties at the trial and neither did it fail in alignment with the original reliefs claimed in the suit nor was it in the
contemplation of the parties that such relief would be subject-matter of a formal executory judgment or order
against either side to the dispute. A consequential order may also not be properly made to give to a party an
entitlement to a relief he has not established in his favour." See: OYEYEMI & ORS. v. OWOEYE & ANOR. (2017)
LPELR-41903(SC); OKEKE v. NWIGENE & ANOR. (2016) LPELR-41047(CA); and GBADEYAN v. UNILORIN (2014)
LPELR-24307(CA). The sum total of the above is that before a Court can grant an order under the pretext of
consequential order, such a relief must be ancillary or connected with the main relief granted and be made in
order to give effect to the Judgment of the Court." Per TUKUR, JCA.(Pp.27-29,Paras.D-A).

29/09/2019

"It is a civil wrong to use the legal process for a purpose other than that for which it exist i.e to enhance justice in society."
COMMISSIONER OF POLICE, OYO STATE COMMAND & ORS. vs. ISAAC & ORS.(2018)LPELR-44879(CA)




ISSUE: MALICIOUS PROSECUTION: When will a defendant be liable in a claim for malicious prosecution




PRINCIPLE:
"Issue No. 4 of the appellants is not within the context of the case and this appeal which is whether the appellant had any legal justification of setting the legal Machinery of the police against the respondents without reasonable cause and in the absence of reasonable cause whether the law particularly the fundamental human right provisions do not provide due remedy or reliefs for the respondents who became victims of obnoxious use of the law? This is the issue to be succinctly addressed in this appeal.
It is a civil wrong to use the legal process for a purpose other than that for which it exist i.e to enhance justice in society. Thus where a legal Machinery for example the police force or other security or prosecutorial agencies are activated by a person giving fraudulent or malicious but false report to the police against another which causes the police to arrest and detain that other or otherwise used its lawful power against that other, it is a serious breach of law which is remediable in tort.
The person affected need not prove a prosecution or want of reasonable and probable cause. Damage to fame person and property are presumed. In Grainer vs. Hill (1838) 4 Bing. N.C.212, it was held to be a tort to use legal process in its proper form in Order to accomplish a purpose other than that for which it was designed and thereby cause damage.
In this case, the trial judge found that appellants had no reasonable cause to bring their complaints against the respondent but only desired to use legal Machinery against respondent." Per OKORONKWO, JCA.(Pp.16-17,Paras.C-D).

24/09/2019

"Even where a tenancy has come to an end a landlord is not entitled to go into the premises and physically throw out the tenant..."
ONIGBO vs. ABUBAKAR & ORS.(2018)LPELR-46473(CA)




ISSUE: NOTICE TO QUIT: Effect of failure to give a tenant adequate statutory notice






PRINCIPLE:
"Exhibit P2 is a one month notice to quit the rented building issued to the Appellant by the Respondents. It is dated 30/04/2013. The Respondents having accepted the money for the period January 2013 to December 2013, they are duty bound to allow the Appellant to use the property for that period. Even if the Respondents intend to recover the property the Appellant is entitled to be served with six months' notice on the expiration of his tenancy and I so hold. In ELIOCHIN NIG. LTD. & ORS. V. MBADIWE (1986) LPELR 1119-SC the Apex Court held that:- "Even where a tenancy has come to an end a landlord is not entitled to go into the premises and physically throw out the tenant; but must give the statutory notices to the person in possession." Based on the above therefore, Exhibit P2 (the one month notice to quit) served on the Appellant is of no moment and amounts to the breach of the contract by the Respondents."Per BAYERO, JCA.(Pp.42-43,Paras.B-A).

18/09/2019

JULIUS BERGER (NIG.) PLC vs. INSPECTOR GENERAL OF POLICE & ORS.(2018)LPELR-46127(CA)




ISSUE: ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHT(S): Whether an action founded on Fundamental Rights Enforcement Procedure Rules is subject to the other rules of Court




PRINCIPLE:
"The suit, the subject matter of this appeal was commenced under the Fundamental Rights (Enforcement procedure)
Rules. It is my view that that procedure being SUI GENESIS, is does not admit of the importation of any other procedure
of Court, inclusive of Section 97 of the Sheriffs and Civil Process Act.
The case of DR. CHRIS NGIGE & ANOR. v. HON. NELSON ACHUKWU & ANOR. (2005) 2 NWLR (PT. 909) 123 relied on by
the Appellant, has one issue that the Court had to determine which was whether the High Court of Enugu State, sitting
at Enugu had the territorial and substantive jurisdiction to make the order which it made directing the Inspector General
of Police to remove the 1st Respondent office as Governor of Anambra State. The Court observed that the 30 days
required for the Defendant to answer the process before the Court in Section 99 of the Sheriff and Civil process Act will
not apply to cases of Enforcement of Fundamental Rights which must be heard within 14 days from the grant of leave to
hear such an application as founded for in the Rules made by the Chief Justice of Nigeria.
The authorities cited by the Appellant have nothing to do with the enforcement of Fundamental Rights Procedure.
Interestingly, the Appellant conceded at page 19 of his amended brief of argument that by Order 11 Rule 2 of the
Fundamental Rights (Enforcement Procedure) Rule 2009, a Fundamental Rights application can be commenced without
the leave of Court. I agree with him entirely. I must re-emphasize that the procedure which obtains regarding
Fundamental Rights is peculiar in its scope and does not admit the importation of any other Rules of Court. The reason
is simple. Issues of Fundamental Rights and its infringement are sensitive and dire. It borders on the dignity of the
person and protection of its rights as a human being. They are matters that need to be tackled by the Courts
expeditiously and must not be subject to the whims and caprices of technicality." Per PEMU, JCA.(Pp.27-29,Paras.C-A).






ISSUE: PAYMENT OF FILING/LEGAL/COURT FEES: Effect of failure to pay filing/legal fees




PRINCIPLE:
"From the Records, by notice in a motion filed on the 12th of November 2012, The Appellant/1st Cross-Respondent JULIUS BERGER filed (pursuant to Order IX Rule 1; Order XI of the Fundamental Rights (Enforcement Procedure) Rules, 2009 and under the inherent jurisdiction of the Court) for an Order extending time within which it may file her counter affidavit, written address and other processes in reaction to the 2nd set of Respondent/­Cross-Appellant's affidavit in support of the motion. Ex facie, the application's assessment shows that no penalty was paid-pages 257-258 of the Record of Appeal.
On the 27th of November 2012, the Appellant/1st Cross-Respondent filed a counter affidavit and written address-pages 268-296 of the Record of Appeal.
It is true that these processes did not reflect any penalty paid for late filing. I wonder why the Cross-Appellant did not raise this issue at the Court below. The Court should have directed that the penalty be paid promptly. Howbeit, the issue is whether this lacunae vitiates the proceedings at the Court below. I am of the view that failure to pay penalty for late filing of processes by the Appellant/1st Cross-Respondent at the Court below is not one that will vitiate the Court proceedings. This is because a particular process (which can be cured of its irregularity by simply ordering the erring party to pay the necessary penalty) is not incompetent." Per PEMU, JCA.(Pp.35-37,Paras.F-A).

09/08/2019

"It is my view that an expired N.B.A. stamp cannot be used to satisfy the requirement for the affixing of the approved seal and stamp of N.B.A to a court process filed by counsel. Where there is payment for a current seal and stamp, and they are yet to be issued, the teller evidencing the payment ought to be attached to the process."
DAN MADUKA V. JOB NNADILI (2018) E-C.A.R. -555

Click on link below to read the full judgment:

The Court of Appeal Law Reports Nigeria is an online monthly law report based on judgments from the 16 divisions of the Court of Appeal of Nigeria.

08/08/2019

HOW LAWYERS DISCUSS WEDDING/ MARRIAGE PREPARATIONS.....
LANGUAGE OF THE COURT.

“Mike! Mike! Long time!”
“Yes o”
“Ah! Ah! This caveat on your finger. Have you been encumbered?”
“O Yes o, last month”
“Na wa oh. You did not put us on notice”
“There was urgency, so I had to go by motion exparte.”
“Ha!Ha!Ha! Was it Nneka, your girl in Law School?”
“No”
“Wetin happen?”
“The affair was struck out”
“Who made the application?”
“She did suo motu”
“Why?”
“She said, I was not talking of marriage. She thought I was not serious so she struck it out for lack of diligent prosecution”.
“Where is she now?”
“I don’t know, she is functus officio”
“When did you regularize your position?”
“Last month”
“Is her name on the roll?”
“No. She is not a Learned Colleague”
“Where is she from?”
“She’s Ibo”
“Ah! You married outside jurisdiction?”
“Yes. But it wasn’t easy. It took time before her parents granted leave”
“What did you do last month? Traditional or white wedding?”
“I front-loaded the process. I did the two on the same day. I needed to avoid cost”
“How did you serve your invitation process?”
“I served by substituted means. SMS”
“Did you serve Nneka?”
“She evaded service”
“How?”
“I wanted to serve her orally but she refused to pick my calls”
“How much did you spend?”
“Hmmm, Six……………….….”
“Does it include its appurtenance?”
“Yes. The white wedding, traditional wedding and every other thing incidental thereto”
“Na wa oh. I’m thinking about getting married seriously”
“Just prepare your processes and go for assessment”....If you don't understand all this, its obvious,
you're not LEARNED!

29/06/2019

Riposte:

Do you know pastor xyz...
Witness yes My lord

Is he a nice person to you... Yes

When he pe*****ted you where there people around. Yes

Where the people within hearing distance.. yes

Did you shout... No

Did you ask him to withdraw... No

Did he injure you.. No

Did he pe*****te you by force. No

I put it to you that there was no reasonable evidence of any resistance from you... Mmhhhhhm...buuuttt.. mhh

Please answer my questions yes or no. I don't need any but.

Witness: I did not resist or ask him to withdraw because I was confused. I was weak. My emotions failed me. My body was doing me somehow.

Witness I put it to you that you are very enlighted and educated woman at that time.
...Yes

Did you report the case to the police,or to your parents... No my lord.

Did the intercouse occur more than once...... ....mmhhh yes lord but....

Witness I have warned you, answer yes or no don't give me any but or mhhh as an answer.

I put it to you that you had in*******se severally with pastor xyz severally at different times and places...... Yes my lord.

Was the defendant ever armed with guns or dagger at anytime during the different time he had in*******se with you...... No my lord but he r***d me so many times. He abused me. He violated me. He destroyed me.

Do you have any medical report or psychological report from a government certified hospital to this effect...... No my lord.

I put it to you that you never consulted any medical doctor or psychiatrist about this..... my lord, I never did.

I also put it to you that you never confronted Pasto xyz of ra**ng you.... No my lord. But he kept ra**ng me always. My lord you must send him to jail because he r***d me and he has kept ra**ng all the women in our church.

Please add your own question and objections. Let's learn.

23/06/2019

23/06/2019

A law firm based in Nigeria, with specialty in corporate practice, property practice and publishing.

23/06/2019

A fast rising law firm based in Nigeria, with specialty in corporate practice, property practice, and publishing.