DIGEST OF SUPREME COURT, COURT OF APPEAL AND HIGH COURT CASES (1881 – 2017)

DIGEST OF NIGERIAN CASES FROM 1881 TO 2017 IN 28 VOLS OVER 24,000 PAGES WITH BEAUTIFUL COVER AND CLEAN PRINT

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ILLUSTRATION 

LEGAL HEAD: APPEAL

SUBJECT MATTER: FRESH POINT RAISED ON APPEAL

ISSUE:

Duty of Appeal court.

PRINCIPLE:

“Learned Counsel for the respondent submitted that by not taking the point in the court of trial the appellant must be precluded from doing so now but he hardly produced any authority in support of this submission which was hardly duly pressed. We are of the view that this point can now be taken in this court. In the first place, although the Court of Appeal is generally inclined to scrutinize suspiciously a point not taken in the court of trial but which is being taken for the first time before it, it will allow the point to be made “if satisfied beyond doubt that it has before it all the facts bearing upon the new contention as completely as would have been the case if the controversy had arisen at the trial ” (See The Tasmania (1890) 15 App. per Lord Herschell at 225), or if the new argument, being on a point of law, is being raised on one and the same matter and set of facts as were before the court of trial [See Misa vs. Currie (1876) I App Cas 554 at 559]; provided always that if the new argument is raised on facts the court of appeal ought first to be satisfied that no satisfactory explanation could have been offered by those whose conduct is impugned if an opportunity for explanation had been afforded them in the witness box.” (See The Tasmania (op. cit) per Lord Hershell).” Per. Idigbe JSC

CITATION:

Kukoyi & ors. v. Ladunni (1976) 11 S.C 245 at 257- 258. Lines. 15 – 15.

LEGAL HEAD: ELECTION PETITION

SUBJECT MATTER: NATURE OF ELECTION PETITION.

ISSUE:

Whether common law principles applicable.

PRINCIPLE:

“An election petition is a proceeding that is sui generic as it is of its own kind, possessing an individualistic character unique or like only to itself. An election petition proceeding has no affinity with any action known to the common law and therefore excludes the application of common law principles. See Gambari v. I.N.E.C. EPT/CA/IL/SEN/07/2011, delivered on 12 December 2011. Per. Mbaba, JCA

CITATION:

Ayodeji v. Ajibola (2013) All FWLR (Pt. 660) 1327 at 1370, Paras. A – B (CA)