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Gbenga Babawibe JUDGEMENT OF COURT - NATURE OF JUDGEMENT ENTERED IN FAVOUR OF A PLAINTIFF UNDER THE UNDEFENDED LIST  

By Gbenga Babawibe, 1 week ago

Action
  "I, entirely, agree with His Lordship that a judgement entered in favour of a plaintiff on the Undefended List is a judgement on the merits and not a judgment entered in default, Mark and Anor v Eke (...
Gbenga Babawibe UNDEFENDED LIST PROCEDURE - NATURE AND PURPOSE OF THE UNDEFENDED LIST PROCEDURE  

By Gbenga Babawibe, 1 week ago

Practice & Procedure
  "Enunciating the rationale for this prescription, this court in Wema Securities and Finance Plc v NAIC (2015) -24833 (SC) -67 -70, E-C, explained  that: ...the Undefended List procedure is a truncated...
Gbenga Babawibe MISTAKE IN DECISION OF COURT - PROCEDURE FOR CORRECTING MISTAKE IN THE DECISION OF A COURT  

By Gbenga Babawibe, 1 week ago

Action
    "Furthermore where a Court makes a mistake of law in its decision, that mistake can be corrected only through appeal except where the judgement is given without jurisdiction. See Mark v Eke (2004) ...
Gbenga Babawibe UNDEFENDED LIST PROCEDURE - IMPLICATION OF FAILURE TO FILE A NOTICE OF INTENTION TO DEFEND UNDER THE UNDEFENDED LIST PROCEDURE  

By Gbenga Babawibe, 1 week ago

Action
  "It was explained in First Bank (Nig.) Ltd v. Khaladu supra at page 55 that the failure to deliver a notice of intention to defend means only one thing that is, that the defendant has no defence to t...
Gbenga Babawibe JURISDICTION - WHETHER THERE ARE STATUTORY PROVISIONS CONFERRING JURISDICTION ON A TRIAL COURT TO SIT ON APPEAL OVER ITS JUDGEMENT ENTERED ON THE MERIT  

By Gbenga Babawibe, 1 week ago

Jurisdiction
  "I am in total agreement with the submission of learned senior counsel for the appellant that these statutes which I mentioned a while ago do not confer jurisdiction on the trial court to sit on appea...
Gbenga Babawibe JURISDICTION- DIFFERENCE BETWEEN ALLEGED IRREGULARITY IN THE EXERCISE OF JURISDICTION AND A TOTAL LACK OF JURISDICTION  

By Gbenga Babawibe, 1 week ago

Jurisdiction
  "The non-compliance with statutory provisions that stipulate for pre-action notices to be given before the commencement of proceedings in court is usually touted as jurisdictional matters. However thi...
Gbenga Babawibe WINDING UP PROCEDURE - PROCEDURE FOR PROVING A DEBT AGAINST A WOUND-UP COMPANY  

By Gbenga Babawibe, 1 week ago

Commercial Law
  "Under the Companies Winding up Rules 1983, a debt is proved against a wound-up Company by delivering or sending through post to the liquidator an affidavit verifying the debt, which must contain or r...
Gbenga Babawibe BURDEN OF PROOF UNDER FORFEITURE PROCEEDING - CONSTITUTIONALITY OF THE BURDEN OF PROOF UNDER THE ADVANCE FEE FRAUD AND OTHER FRAUD RELATED OFFENCES ACT 2006,ON FORFEITURE PROCEEDINGS  

By Gbenga Babawibe, 2 weeks ago

Action
  "Finally, I do agree with the learned counsel for the Respondent that the procedure to show cause why Appellant's money should not be finally forfeited under Section 17 of the AFF Act 2006 merely shif...
Gbenga Babawibe EX PARTE APPLICATION- WHETHER AN EX PARTE APPLICATION CAN BE CHALLENGED BY AN ADVERSE PARTY  

By Gbenga Babawibe, 2 weeks ago

Action
  "Furthermore, by its very nature an ex parte application as in the instant case cannot be challenged or contradicted by the other party. See: 7-Up Bottling Company Limited Vs. Abiola And Sons Limited ...
Gbenga Babawibe BURDEN OF PROOF - WHETHER THE WEAKNESS OF THE DEFENCE CAN AVAIL A PLAINTIFF IN PROVING HIS CASE  

By Gbenga Babawibe, 2 weeks ago

Action
  "The general rule is well restated' that the plaintiff should succeed on the strength of his own case. However, it is also in point that a plaintiff can take advantage of the weakness of the defence. ...
Gbenga Babawibe AWARD OF GENERAL DAMAGES - EXTENT OF THE POWER OF A COURT IN EXERCISING ITS DISCRETION IN GRANTING AN AWARD OF GENERAL DAMAGES  

By Gbenga Babawibe, 2 weeks ago

Human Rights
  "It is pertinent to re-iterate herein that in the award of General Damages, a wide spread power is given to the court comparable to the exercise of discretion of the Court. It is enormous and therefor...
Gbenga Babawibe REPRESENTATIVE CAPACITY - PRECONDITION FOR INSTITUTING A SUIT IN A REPRESENTATIVE CAPACITY  

By Gbenga Babawibe, 2 weeks ago

Human Rights
  "The law is trite that when a group of class of persons sought to be represented in a suit are easily Identifiable and have common purpose as in the Instant case, they can institute a suit in a repres...
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