Supreme Court 24th February, 2017.
Justices: Mary Ukaego Peter-Odili, JSC, Kumai Bayang Aka'ahs, JSC
Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC, Chima Centus Nweze, JSC
Ejembi Eko, JSC
Subject Matter(s):
Evidence
Importance and bindingness of Pleadings
It is Only Executory Judgments that Can Be Stayed
Consent Judgment
Grounds for Challenging Consent Judgment
Where Notice of Appeal is Abandoned or Invalid, No Valid Appeal Can be Predicated Thereon
Where Parties Filed a joint Petition, a Single Appeal Should be Filed
Notice of Appeal Filed Out of Time with No Extension is Incompetent
Individual Appeallants Are Guaranteed Separate Rights of Appeal
Duty of Trial Judge Reception of Evidence, Assessment of Credibility of Witness, Evaluation of Evidence, Ascription of Probative Value,
Finding of Fact
Employee Who Occupies Employer’s Premises
Obligation to Repay Loan Not Dependent on Termination of Contract of Employment
Employer Cannot Be Compelled to Promote Employee
Party Relying on Traditional History to Plead and Prove Root of Title
Where Evidence of Tradition is Relied Upon in Proof of Declaration of
Title of Land, the Plaintiff in Order to Succeed Must Plead and Establish
Party Who Pleads Acts of Possession May Rely on Same if Traditional
Evidence is Inconclusive
Where Traditional Evidence is Inconclusive, Court Should Examine
Acts of Possession
Traditional Evidence Not Determined by Demeanour of Witnesses
Where Cause of Action is a Continuing One, three Months Starts to
Run From cessation of Injury
Legal Proceedings Cannot be Commenced Outside the Period Stipulated
Final Order: Appeal Struck Out