All Federation Weekly Law Reports- Part 220

Taiwo Kupolati, MCIArb. (UK)

APPEAL - Leave to appeal as interested party - Applicant for - Duty on - P.D.P. vs. Sidi-Ali C.A. 1371 CONTRACT - Contract of two persons - Injury suffered from such transaction - Right of third party to bring action in respect thereof - Basis of - I.M.N.L. vs. Nwachukwu S.C. 1216 COURT - Issues raised suo motu by Court of Appeal - Whether so empowered - Power to raise issues suo motu - Need for reaction of counsel - Nwana vs. F.C.D.A. S.C. 1243 DOCUMENT - Public documents - Certified true copies of - Features of to be valid - Section 111, Evidence Act, Cap. 112 Laws of the Federation, 1990 considered - P.D.P. vs. Sidi-Ali C.A. 1371 EVIDENCE - Presumption of advancement or gift - How to challenge or rebut - Nature of evidence necessary to rebut - Ughutevbe vs. Shonowo S.C. 1185 JUDGMENT AND ORDERS - Concurring judgments - Status and functions of - Nwana vs. F.C.D.A. S.C. 1243 LEGAL PRACTITIONER - Counsel - Duty of to examine all facts available painstakingly as an element of strengthening access to justice - I.M.N.L. vs. Nwachukwu S.C. 1216 MASTER AND SERVANT - Servant or employee who occupies employer’s premises - Status of as licensee - Lack of right to continue to remain in the premises on cessation of employment - Nwana vs. F.C.D.A. S.C. 1243 NEGLIGENCE - Duty of care - When arises - Ingredients required to establish same - Nwana vs. F.C.D.A. S.C. 1243 PLEADINGS - Reply to statement of defence - When will not breach the provisions of Order 16, rule 12 of the High Court of Lagos State (Civil Procedure) Rules, 1972 - Ughutevbe vs. Shonowo S.C. 1185 SHERIFFS AND CIVIL PROCESS - Execution of judgment - Liability of guarantor - Possibility of executing judgment against guarantor in the same manner as judgment debtor - Mucas Hospital Ltd. vs. Fasuyi C.A. 1297 TRUSTS - Resulting trust and presumption of advancement or gift - Common procedure for rebuttal of - Ughutevbe vs. Shonowo S.C. 1185 WORDS AND PHRASES - ‘Obiter’ - Meaning, non-bindingness and usefulness of - Nwana vs. F.C.D.A. S.C. 1243