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LEGAL PRACTITIONER

By CIVIL MATTERS, LNo Comments

The provisions of sections 2(1) and 24 of the Legal Practitioners Act, Cap. 207, Laws of the Federation of Nigeria, 1990 are in pari materia with sections 2(1) and 24 of the Legal Practitioners Act Cap. L 11, Laws of the federation of Nigeria, 2004. Section 2(1) of the Act states that subject to the provisions of the Act, a person shall be entitled to practice as a barrister and solicitor if and only if his name is on the roll. And section 24 of the act provides that unless the context otherwise requires, “legal practitioner” means a person entitled in accordance with the provisions of the Act to practice as a barrister or as a barrister and solicitor, either generally or for the purposes of any particular office or proceedings. (p.126, paras. F-H).

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September 8, 2025
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LAND LAW

By CIVIL MATTERS, LNo Comments

Where there is an agreement for the sale of land for which the purchaser has paid the purchase price in full or in part, and has taken either physical or constructive possession, the purchaser acquires a valid interest, which supersedes any subsequent transaction in respect thereof. [Ayinla v. Sijuola (1984) 1 SCNLR 410; Obijuru v. Ozims (1985) 2 NWLR (Pt.6) 167; Ohiaeri v. Yusuf (2009) 6 NWLR (Pt. 1137) 207 referred to.] (Pp. 33-34, paras. H-B).

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September 8, 2025
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JURISDICTION

By CIVIL MATTERS, JNo Comments

Where the issue of jurisdiction of a court is raised and questioned, especially in a preliminary objection or otherwise, utmost and primal attention must be accorded it before other matters or the substance thereof can be considered. Where the jurisdiction of a court is challenged, the court must first and foremost assume jurisdiction to determine whether it has jurisdiction to hear the case on the merits. Jurisdiction is a crucial issue of competence. It is either the court has jurisdiction to hear a case or it has not. [Ogboru v. Uduaghan (2012) 1 NWLR (Pt.1311) 358 referred to.] (P. 252, paras. B-D).

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September 8, 2025
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INHERENT POWERS OF THE COURT

By CIVIL MATTERS, INo Comments

The court is imbued with the powers to consider and utilise a document in its record for the determination of a contentious issue even though the document was not tendered and admitted as an exhibit at the trial. Nothing forbids a court from looking into its records to resolve an issue as the court is required to dispassionately consider and determine every fact available. Thus, a court is entitled to look into any document in its records and make use of it in order to arrive at a just decision.

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September 8, 2025
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FUNDAMENTAL HUMAN RIGHTS

By CIVIL MATTERS, FNo Comments

It is not correct law that two or more persons cannot jointly file one application for the enforcement of their respective fundamental rights alleged to have been breached or violated by a common act of one or more respondents. It is true that section 46 of the Constitution of the Federal Republic of Nigeria, 1999 and Order II rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 state that “any person” who alleges that any of the fundamental rights provided for in the Constitution to which he is entitled has been, is being or likely to be infringed, may apply to court for redress. It is also correct that the word “person” is in the singular.

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August 29, 2025
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FAIR HEARING

By CIVIL MATTERS, FNo Comments

The principle of fair hearing enshrined in the Nigerian Constitution demands that every party to a cause or matter has the right to be heard before a decision is given affecting him or his interest. He is not only entitled to a hearing; he is entitled to a fair hearing. The principle of fair hearing is one of the twin pillars of natural justice, to wit: audi alteram partem, which means let the other side be heard and nemo dat in causa sua, which means a man cannot be a judge in his own cause. [Zenith Plastics Ind. Ltd. v. Samotech Ltd.  (2018) 8 NWLR (Pt. 1620) 165; Duke v. Govt., Cross River State (2013) 8 NWLR (Pt. 1356)347 referred to.] (P. 96, paras. D-F).

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August 29, 2025
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