Whether a Court can hinge its decision on an undecided matter  

 

 Anonymous
Joined: 50 years ago
Posts: 0
27/07/2018 10:05 am  

There is no gainsaying that the learned trial Judge could not possibly have waited for the outcome of Suit No. KWS/123/2013 and Suit No. KWS/20M/2011 pending in some co-ordinate Courts to enforce valid and subsisting Judgments of the Court of Appeal and the Supreme Court arising from UACL/CVF/2/74 pending before his Court. A Court cannot rely on a pending Judgment of another Court yet to be decided in taking a decision on a matter before it. Kekere - Ekun, JSC in the case of ONYEKWULUJE & ANOR VS. BENUE STATE GOVT. & ORS. (2015) LPELR - 24780 (SC) adopted the dictum of Kutigi, JSC in the case of ZAMANI LEKWOT VS. JUDICIAL TRIBUNAL ON CIVIL AND COMMUNAL DISTURBANCES IN KADUNA STATE & ANOR (1997) 8 NWLR (PT. 515) 22 at 34 to say that: ".... No Court in this country can set aside, nullify or quash any proceedings or decisions not before it. Courts rely on concrete facts before them and not on guess - work and to ask a Court to make a decision on guess - work and matters not exhibited before it is unjust and can depending on the circumstances of the case, amount to an abuse of Court process."

Per OWOADE, J.C.A. in ALFA LANRE HAMANDA & ORS v. SAADU OJUEKUN (2018) LPELR-44858(CA)


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