WRITTEN BY UBONG ENE (LL.B, B.L.) The legal basis for the exercise of the judicial powers in Nigeria finds its original source under the Constitution of the Federal Republic of (Nigeria 1999 CFRN 199). Section 6 creates superior court of records and empowers them to exercise judicial authority. The judiciary is the third arm ofContinue reading “ANATOMIZING THE POWER OF THE JUDICIARY UNDER THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA”
Category Archives: law
A JUDGEMENT DEBTOR IS NOT A NECESSARY PARTY IN A GANISHEE PROCEEDINGS, YET IT LEAVES SOME QUESTIONS UNANSWERED
Written by UBONG ENE (LL.B, B.L.) ABSTRACT Ganishee proceedings has been one of the most popular practices in our courts in Nigeria. Interesting enough, this comes after the court had given an executory judgement in an actual suit. Ganishee practice is a unique practice. Unique practice in the sense that it does not follow theContinue reading “A JUDGEMENT DEBTOR IS NOT A NECESSARY PARTY IN A GANISHEE PROCEEDINGS, YET IT LEAVES SOME QUESTIONS UNANSWERED”
THE JUSTIFICATION OF THE RULE IN SMITH VS. SELWYN
The common law rule in Smith v. Selwyn opine thus “that where a civil wrong also constitute a felony, an action in crime must be instituted first before a civil action filed by the plaintiff can be heard”. For instance, where a tortuous act also amounts to a felony which is a criminal in nature,Continue reading “THE JUSTIFICATION OF THE RULE IN SMITH VS. SELWYN”