Supreme Court 12th May, 2014.
Justices: John Afolabi Fabiyi, JSC, Bode Rhodes-Vivour, JSC
Mary Ukaego Peter-Odili, JSC, Musa Dattijo Muhammad, JSC, John Inyang Okoro, JSC
Subject Matter(s):
Pleading Defences Such as Absence of Notice of Intended Action
Need to Plead Illegality as a Defence Except where the Contract is Ex Facie Illegal
Defendant Who Fails to File Statement of Defence Cannot Lead Oral Evidence and is Deemed to Have Admitted Statement of Claim Except if Obviously False
Issues not Raised in Trial Court Cannot be Raised on Appeal
Fresh Issues on Appeal Can Only be Raised with Leave
A Contract may be Oral or in Writing, an Internal Memo or Requisition Does not Constitute a Contract
A Party is Precluded from Giving Oral Evidence of Contractual Document
Illegal Contracts – When is Contract Illegal?
Illegal Contract Will not be Enforced
Contract which Seeks to Circumvent Statute is Void and Unenforceable
A Contract Declared Void with a Penalty is Illegal
Person who Has Benefitted from a Loan Cannot Allege Same to be Null and Void
Retroactive Laws Which Impose Criminal Penalties are an Affront to Liberty
Whether Mandatory Enactments Shall be Construed as Directory or Obligatory
Where no Provision in Rules Court is to do Substantial Justice
Court Can Supply an Omission in a Statute
Court Cannot Validly Expand its Jurisdiction Beyond Constitution or Enabling Statute
Final Order: Appeal Dismissed