Local Government

• Pages: 694-694

counsel for the plaintiff that the plaintiff’s case is not statute - barred since it is

transaction (sic) respect of title to land.” – Per Abdullahi, J.C.A. in Arowolo v.

Ifabiyi Suit No. CA/K/61/92; (1995) 8 N.W.L.R. (Pt. 414) 496 at 507-508.

(15) TAXATION OF LEGAL PRACTITIONERS BILL OF CHARGES

2079. Rules guiding taxation of legal practitioners bill of charges.

“In as much as the trial Judge did not consider the limitation period, he did not there-

fore determine if there were special reasons for making the order for taxation after

the expiration of twelve months from the date of the delivery of the bill. The respon-

dents made no application for enlargement of time within which to apply for taxation

of the bill. The order made by the trial Judge for taxation is therefore a nullity.” – Per

Ogwuegbu, J.S.C. in Chuka Okoli & Ass. v. Crusader Ins. Co. Suit No. S.C. 281/

1991; (1994) 2 N.W.L.R. (Pt. 329) 635 at 645.

(16) TECHNICAL JUSTICE

2080-2100. Can a law be invalidated for being inconsistent with technical

justice?

“Another consideration is whether a Court of law has jurisdiction to declare a statute

null and void on the ground that it does what learned counsel called “technical jus-

tice”. I think not. There is no such jurisdiction available to any Court of law in this

country. When I say so I should be quick in saying that a Court of law can only so

hold if the provisions of the particular Statute are inconsistent with the provisions of

the Constitution. That is not the situation here and so I will not pursue it. In my view,

a Court of law has not the competence to declare a statute of l imitation a nullity on

the so-called ground that it does “technical justice”. That to me, is the hidden inten-

tion and ambition of the submission of learned counsel. To me a statute of limitation

does vibrant, consistent and substantial justice and not technical justice.” – Per Tobi,

J.C.A. in Mercantile Bank (Nig.) Ltd. v. Feteco Suit No. CA/E/16/96; (1998) 3

N.W.L.R. (Pt. 540) 143 at 157.

LOCAL GOVERNMENT

SEE UNDER CONSTITUTIONAL

Paras. 2078-2100 Vol. 15: LIMITATION LAW 694