Standard
CIVIL PROCEDURE — Pleadings — Court Cannot Evolve a Case for the Parties
Ugoji v. Onukogu (2005) NLC-931999(SC)
It is not within the province and competence of a Judge to evolve a case for the parties.
5827
Principles
53
Areas of Law
26
Years Covered
Standard
EVIDENCE LAW — Documentary Evidence — Unsigned Document of Unexplained Origin Incapable of Proving Liability
Garuba v. Kwara Investment Company Ltd. & Ors (2005) NLC-2602000(SC)
Such a document as exhibit 8, unsigned as it was, is incapable of establishing the fact that the 2nd defendant took over the assets and liability…
Standard
COMPANY LAW — Pre-Incorporation Contracts — Ratification Under Section 72 of CAMA Requires Evidence of Ratification
Garuba v. Kwara Investment Company Ltd. & Ors (2005) NLC-2602000(SC)
Before section 72 of CAMA could apply, there must be evidence of ratification by the new company of contracts made before its formation. In this case,…
Standard
CIVIL PROCEDURE — Appeals — Error of Law — Not Every Error Leads to Reversal of Judgment
Cookey v. Fombo & Anor (2005) NLC-1212000(SC)
It is not every error committed by a trial court that will lead to a reversal of its judgment by an appellate court. An error that…
Standard
CIVIL PROCEDURE — Reliefs — Court Cannot Grant Relief Not Claimed
Garuba v. Kwara Investment Company Ltd. & Ors (2005) NLC-2602000(SC)
It is the law generally that a court not being a charitable institution would not grant to a party reliefs not claimed from court.
Standard
APPELLATE PRACTICE — Grounds of Appeal — Ground Alleging Error of Law and Misdirection Not Ipso Facto Incompetent
Garuba v. Kwara Investment Company Ltd. & Ors (2005) NLC-2602000(SC)
Framing a ground of appeal as a misdirection in law or an error in law and on the facts does not ipso facto make the ground…
Standard
LABOUR LAW — Termination — Employment with Statutory Flavour — Civil Service Rules Must Be Strictly Followed
Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC)
The Civil Service Commission is a creation of statute. For its dismissal to be intra vires, it must comply strictly with all the Rules governing dismissal…
Standard
CONSTITUTIONAL LAW — Fair Hearing — Right to Cross-Examine Witnesses in Disciplinary Proceedings
Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC)
If any witnesses are called to give evidence, the officer shall be entitled to be present and to put questions to the witnesses. There is nothing…
Standard
ADMINISTRATIVE LAW — Public Duty — Statutory Employment — Dismissal Must Strictly Comply with Prescribed Procedure
Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC)
Employment with statutory backing must be terminated in the way and manner prescribed by the relevant statute. Any other manner of termination inconsistent therewith is null…
Standard
ADMINISTRATIVE LAW — Public Duty — Disciplinary Procedure — Investigation Must Precede Query Under Civil Service Rules
Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC)
Rule 04107 provides that a public servant may only be dismissed in accordance with the Rules. A query must precede the setting up of an investigation…
Standard
ADMINISTRATIVE LAW — Natural Justice — Disciplinary Proceedings — Investigation by Accuser Not Investigation by Appropriate Authority
Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC)
It was not the Commission that investigated the respondent. It was his accuser – the Ministry of External Affairs. The question of the commission applying rules…
Standard
CIVIL PROCEDURE — Pleadings — Amendment of Pleadings — Unmoved Motion for Amendment Is of No Legal Consequence
Cookey v. Fombo & Anor (2005) NLC-1212000(SC)
The plaintiff filed a motion for leave to amend her statement of claim. That motion was never argued or moved up to when the ruling was…