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Gbenga Babawibe NOTICE OF APPEAL - EFFECT OF AN INCOMPETENT NOTICE OF APPEAL ON THE JURISDICTION OF AN APPELLATE COURT  

By Gbenga Babawibe, 4 hours ago

Jurisdiction
  “Again where an appellate court is confronted with an incompetent notice of appeal or to put it in another way, with incompetent appeal it becomes bereft of jurisdiction to hear and determine such app...
Gbenga Babawibe APPEAL - DUTY OF A PARTY WHO SEEKS TO FILE AN APPEAL OUT OF TIME  

By Gbenga Babawibe, 5 hours ago

Practice & Procedure
  “May I remind the appellant that where a party is out of time to file his appeal, he needs to apply to the court for extension of time to enable the said notice to be properly filed. An appellant who ...
Gbenga Babawibe NOTICE OF APPEAL - STATUS OF AN INCOMPETENT NOTICE OF APPEAL  

By Gbenga Babawibe, 5 hours ago

Appeal
  “The said notice of appeal, having been filed out of time and without an application for extension of time is incompetent. The law is trite that an incompetent notice of appeal is ab initio void, incu...
Gbenga Babawibe APPEAL - STATUS OF AN APPEAL FILED OUT OF THE TIME ALLOWED BY LAW  

By Gbenga Babawibe, 5 hours ago

Jurisdiction
  “I agree with his lordship's reasoning and conclusion that the appeal is incompetent having been filed out of the time allowed by law and without time having been extended for the appellant to file th...
Gbenga Babawibe NOTICE OF APPEAL - WHETHER A DEFECTIVE NOTICE OF APPEAL CAN BE AMENDED  

By Gbenga Babawibe, 5 hours ago

Appeal
  “The defects in the Notice of Appeal cannot be cured by amendment even if appellant had sought to amend same. See Global Transport Oceanic Co. S.A. & Anor vs. Fred Enterprises Nig Ltd (2001) 1 SC ...
Gbenga Babawibe ORIGINATING PROCESS - EFFECT OF A DEFECTIVE ORIGINATING PROCESS ON AN APPEAL  

By Gbenga Babawibe, 5 hours ago

Appeal
  “An appeal would collapse if its originating process is detective as in the case. See Daniel vs. INEC & ors (2015) vol. 247 LRCN 157, Ebokum vs. Ekwenibe & Sons Trading Co Ltd (1999) 7 SC (pt1...
Gbenga Babawibe RIGHT OF APPEAL - PERIOD WITHIN WHICH AN APPELLANT CAN EXERCISE HIS RIGHT OF APPEAL  

By Gbenga Babawibe, 5 hours ago

Appeal
  “Appellant is duty bound to exercise his right of appeal by filing the Notice of Appeal within the thirty days prescribed in section 27(2)(b) of the Act (supra). If he fails to file the notice within ...
Gbenga Babawibe LACK OF LOCUS STANDI - EFFECT OF LACK OF LOCUS STANDI ON THE JURISDICTION OF A COURT  

By Gbenga Babawibe, 1 day ago

Jurisdiction
  “As afore stated, locus standi of a plaintiff to institute an action is a condition precedent to the Court's jurisdiction. It is inextricably linked to the exercise of jurisdiction by a Court. In othe...
Gbenga Babawibe CAUSE OF ACTION - ELEMENT OF CAUSE OF ACTION  

By Gbenga Babawibe, 1 day ago

Jurisdiction
  “It is now settled law that a cause of action is entire factual situation, the existence of which entitles one person to obtain from court, a remedy against another person. See the case of A.G. Kwara ...
Gbenga Babawibe JURISDICTION OF COURT - DETERMINATION OF WHETHER OR NOT A COURT IS COMPETENT TO EXERCISE JURISDICTION OVER A MATTER  

By Gbenga Babawibe, 1 day ago

Jurisdiction
  “The settled position of law is that for the court to be competent to exercise jurisdiction over a matter, it is a necessary condition that the proper parties be identified. See Ehindimhen Vs Musa (20...
Gbenga Babawibe JURISDICTION - ESSENTIAL INGREDIENTS OF JURISDICTION  

By Gbenga Babawibe, 1 day ago

Jurisdiction
  “Furthermore, this suit lacks all essential ingredients for the purpose of conferring jurisdictional competence in the court to hear and determine the suit as laid down in Madukolu Vs Nkemdilim (1962)...
Gbenga Babawibe CAUSE OF ACTION - IMPORTANCE OF CAUSE OF ACTION  

By Gbenga Babawibe, 1 day ago

Civil Litigation
  “Cause of action necessarily touches on issue of jurisdiction. It is therefore fundamental to adjudicatory competence for a Court to first examine the basis of dispute, that is what led to instituting...
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