"SUBJECT TO" – INTERPRETATION OF THE PHRASE "SUBJECT TO" IN ORDER 56 (1) FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES  

 

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08/10/2019 1:28 pm  
"Without a doubt, the phrase, subject to, which is employed in Order 56 (1) is an expression which when used in an enactment introduces a condition, a restriction, a limitation, a proviso. It subordinates the provisions of the subject stipulation to the section or enactment empowered by reference thereto and which is intended not to be diminished by the subject stipulation. The expression generally implies that what the stipulation is subject to shall govern, control, and renders the provision to which it is subject conditional upon compliance with or adherence to what is prescribed in the provision referred to. See NDIC vs. Okem Enterprises Ltd (2004) 7 MJSC 74 at 122-123, Texaco Panama Incorporation vs. Shell Petroleum Development Corporation Of Nigeria Ltd (2002) 14 WRN 121 at 134 and Ebhota vs. PIPDC (supra)".
 
 
PER U.A.OGAKWU, J.C.A IN LANRE OKUNLOLA & ANOR V OLATUNJI ABIOLA SHOYINKA & ANOR

CA/L/EPT/REP/856/2019


LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/L/EPT/REP/856/2019


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