Index

• Pages: 1-70

Practice and Procedure 1

ABANDONMENT OF CASE

Effect of raising an issue abandoned during trial on appeal, 1.

ABSENCE OF WITNESS

Person bearing onus of explaining absence of witness at trial, 2.

ABUSE OF COURT PROCESS

Abuse of Court process arising from the filing of notice of cross-appeal and an applica-

tion to affirm or vary the judgment on other grounds, 3.

Consequence of abuse of process of Court, 4.

Course open to Court where it makes a finding of abuse of Court process, 5.

Court’s attitude to abuse of its process, 6.

Court’s duty where it raises an issue suo motu, 7.

Does failure of Court to hear parties before resolving an issue raised suo motu necessar-

ily connote miscarriage of justice? 8.

Effect of bringing interlocutory appeal challenging the jurisdiction of lower Court when

a preliminary objection against jurisdiction is pending before the lower Court, 9.

Effect of Supreme Court’s decision on Okorodudu v. Okoromadu (1977) 3 S.C. 21 regard-

ing the abuse of Court process in filing a notice to withdraw an interlocutory appeal

while at the same time bringing an application to appeal against the substantive

judgment, 10.

Filing a motion for extension of time to appeal before a Court after a similar motion before

the same Court has been discussed, 11.

Is it an abuse of process of Court for an applicant to seek to exercise his Constitutional

right to appeal against an order of Court after it had sought for time to comply with

that same order? 12.

Propriety of re-litigating a matter previously determined by the Supreme Court, 13.

What amounts to abuse of Court process and duty of Court to prevent an abuse of its

process, 14.

What constitutes abuse of Court process, 15.

ACADEMIC QUESTIONS

Attitude of Court to academic issues, 16.

Court’s do not indulge in academic exercise, 17.

INDEX

References are to paragraph numbers

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ACCESS TO COURT

Citizen’s right of access to Court, 18.

Determination of whether a right is personal or shared in common with the public, 19.

Fundamental Rights (Enforcement Procedure) Rules, 20.

How an infant may sue, 21.

Must a party seek mandate of Court to exercise legal right? 22.

Right claimed by a party seeking relief in the proceedings must be based on satisfaction

of all conditions, 23.

Right of an infant to sue under Order 3 rule 14 Oyo State High Court (Civil Procedure)

Rules, 24.

Right to an interpreter in criminal trial under Section 33(6)(e) 1979 Constitution, 25.

Statutes restricting right of access to Court, 26.

ACTION

A plaintiff cannot maintain an action for both trespass and recovery of possession of

the same land, 27.

Absence of necessary party in a properly constituted action is not fatal to the action

unless evidence is of such nature that it cannot be determined in their absence, 28.

Accrual of a cause of action, 29.

Action not commenced in compliance with the stipulated pre-condition for setting the

legal process in motion is incompetent, 30.

Can failure to obtain leave to defend or sue in a representative capacity vitiate an ac-

tion? 31.

Cause of action, 32.

Cause of action in a claim for unlawful detention, 33.

Claim for defamation and breach of contract may be brought in a single action, 34.

Claim that is brought jointly and severally against defendants, 35.

Competence of a person to sue in his own name concerning a transaction by his firm, 36.

Competence of a plaintiff to institute action affects competence of Court to entertain the

suit, 37.

Concept of form of action in Nigeria, 38.

Consequence of plaintiff’s failure to prosecute his case without undue delay, 39.

Court may order deposit of money in Court pending the determination of another suit,

40.

Court’s duty to examine only the writ of summons and statement of claim in an applica-

tion under Order 22 of the High Court of Lagos State (Civil Procedure) Rules, 1972.,

41.

Court’s power to apply statutory provisions not relied on by parties in the determination

of a suit, 42.

Determination of a good cause of action, 43.

Determining “reasonable cause of action, 44.

Distinction between “dismissal” and “striking out” of action, 45.

Distinction between defect in competence of an action and defect in procedure, 46.

Distinction between suit determined on its merit and one not determined on its merit, 47.

Effect of cause of action determined in a previous action, 48.

Effect of non-compliance with the rules of procedure, 49.

References are to paragraph numbers

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Effect of non-joinder of parties, 50.

How to ascertain when an action is statute barred, 51.

Joinder of plaintiffs where there is a common ground of action, 52.

On whom does the burden to prove malice rest on? 53.

Options available to Court where action is improperly constituted because necessary

parties are not joined, 54.

Order to make when a pleading discloses no reasonable cause of action under Order 22

Rules 4 High Court Lagos State Civil Procedure Rules, 55.

Practice and procedure governing an action and an application, 56.

Procedure for striking out action without evidence, 57.

Proper venue for suit where there are multiple defendants, 58.

Purpose of an action for libel or slander, 59.

Reluctance of Court to dismiss matter in limine, 60.

Reasonable cause of action, 61.

Test for determining when cause of action begins to run, 62.

Venue of action based on contract, 63.

When a matter is regarded as not heard on the merit, 64.

When to object to an action improperly constituted on grounds of joinder of causes of

action or joinder of parties, 65.

Who are joint tortfeasors? 66.

ACTION AGAINST PUBLIC OFFICER

When the Public Officers (Protection) Law will avail and when it will not avail a public

officer, 67.

ACTION FOUNDED ON FOREIGN CURRENCY

Duty of Court where plaintiff is claiming in foreign currency, 68.

Plaintiff’s duty in action founded on contract, 69.

ADDRESS BY COUNSEL

Address by counsel, 70.

Address is not a substitute for evidence, 71.

Attitude of Court to addresses of counsel, 72.

Basis and object of written address, 73.

Counsel’s address is not a substitute for pleadings, 74.

Court’s duty to discountenance issues raised in final address, which were not pleaded,

75.

Denial of right of address to a party, 76.

Discretion of counsel to address Court, 77.

Does an invitation of counsel to address Court amount to a decision? 78.

Effect of refusal by counsel to address the Court when called, 79.

Exercise of discretion of Court to reopen case for further address, 80.

Importance of address of counsel in adjudication, 81.

Importance of evidence produced by parties at the trial in the determination of a case, 82.

Importance of final address by counsel, 83.

Judgment of a Court should contain the addresses by counsel of all the parties, 84.

References are to paragraph numbers

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