Navigating the Nuances: Circumstances When the Defense of ‘Volenti Non Fit Injuria’ Will Be Inapplicable in a Banker-Customer Transaction
The LawPavilion Blog
by lawpavilion
13h ago
CASE TITLE: FIDELITY BANK PLC v. PETER (2024) LPELR-61551(CA) JUDGMENT DATE: 5TH JANUARY, 2024 JUSTICES: HAMMA AKAWU BARKA, JCA BALKISU BELLO ALIYU, JCA PETER CHUDI OBIORAH, JCA DIVISION: CALABAR PRACTICE AREA: BANKING LAW FACTS: This is an appeal against the judgment of the High Court of Akwa Ibom State in Suit No. HU/330/2009 coram judice, Hon. Justice G. J. Abraham, delivered on March 21, 2013. The respondent took action against the appellant and two other persons in respect of the banking transactions the respondent directly had with the second defendant in the action (Mr. Inyang Emmah ..read more
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Repositioning Legal Services for Optimal Impact in the Public Sector (2)
The LawPavilion Blog
by lawpavilion
13h ago
Last week, I shared the introductory part of my keynote address delivered at the 2023 Annual Summit of the Legal Services Department of the Niger-Delta Development Commission, NDDC. Apart from the formal presentations, I observed the fluidity of the engagements and interactions between the legal officers and their director, which in turn explained the robust contributions that characterized the discussions. This to me highlights the need for independence of ideas and thoughts within the public sector space more so that the law is settled that public officers do not serve at the pleasure of th ..read more
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The Powers of the EFCC to Investigate and Prosecute Offences Under the CBN Act, Including: Naira Abuse; Spraying of Naira (Notes); Etc. Have No ‘doubt’
The LawPavilion Blog
by lawpavilion
13h ago
By: Hameed Ajibola Jimoh, Esq. There have been in public circulation various opinions with regard to the financial crimes allegations made against Bobrisky and Cuban Chief Priest just of recently. Some opinions opined that the Economic and Financial Crimes Commission—hereinafter referred to as the EFCC—lacks the powers to investigate and prosecute such crimes and allegations. I wish to, with due respect, defer from these opinions with the clear provisions of the law. To that extent, it is my humble submission that the EFCC indeed has the statutory powers to investigate and prosecute such crim ..read more
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The Constitutionality Of Death Penalty: Need To Amend The Law
The LawPavilion Blog
by lawpavilion
6d ago
By Afe Babalola The death penalty is as old as mankind itself. For thousands of years, it has been applied, as confirmed by the major religious texts, as the ultimate penalty or punishment for crimes as varied as adultery, stealing, murder and treason. Historically and politically, the death penalty and its implementation have helped to shape many events of great significance to the development of mankind. The story of the French Revolution cannot be told without mentioning Guillotine, which became synonymous with the reign of terror introduced by the revolutionaries. In the last century, the ..read more
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Law Firm to Launch Nigeria’s First Electricity Law Report
The LawPavilion Blog
by lawpavilion
1w ago
(First published in 2020) SQS Publishing Limited is set to launch the maiden edition of its Electricity Law Report, the first-ever Electricity Law Reports. The Reports contains an exact reproduction of the judgments of various courts and panels, detailed analysis of facts, issues, subject matter, and findings on all known judgments (reported and unreported), as well as landmark decisions of the industry regulator, Nigerian Electricity Regulation Commission (NERC), relating to the electricity sector from 1900 to date. The Electricity Law Reports is a biannual publication available in digital a ..read more
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Whether A Trademark Registration Will in All Cases Provide a Complete Defence to A Trade Mark Infringement Action
The LawPavilion Blog
by lawpavilion
1w ago
CASE TITLE: DIKE GEO MOTORS LTD & ANOR v. ALLIED SIGNAL INC & ANOR (2024) LPELR-61780(SC) JUDGMENT DATE: 23RD FEBRUARY, 2024 PRACTICE AREA: INTELLECTUAL PROPERTY LEAD JUDGMENT: HELEN MORONKEJI OGUNWUMIJU, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on Trademark Infringement. FACTS: This is an appeal against the judgment of the Court of Appeal sitting in Lagos, delivered on May 5, 2006. The appeal to the Court of Appeal was from the decision of D.D. Abutu J of the Federal High Court, sitting in Lagos, delivered on April 13, 1999. The 1st Plaintiff at the trial Court ..read more
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Whether The Court Can Award Damages Claimed in Alternative to Specific Performance for Breach of Contract for Sale of Property
The LawPavilion Blog
by lawpavilion
1w ago
CASE TITLE: ORIOKE V. ONAYEMI & ORS (2024) LPELR-61803(SC) JUDGMENT DATE: 8TH MARCH, 2024 PRACTICE AREA: LAW OF CONTRACT LEAD JUDGMENT: KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on awarding damages for breach of contract. FACTS: This is an appeal against the decision of the Court of Appeal, Ibadan, overturning the decision of the High Court of Oyo State, held at Ibadan. The 3rd, 4th and 5th respondents inherited the property located at Oke-Bola, Ibadan, Oyo State, from their late father, Emmanuel Ajayi Ekunseitan, who died som ..read more
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Requirements A Legal Practitioner Must Meet Before Initiating an Action To Recover His Professional Fees
The LawPavilion Blog
by lawpavilion
1w ago
CASE TITLE: VAL OIL TRADING S. A. & ANOR v. AMARAN (2023) LPELR-61242(CA) JUDGMENT DATE: 20TH JULY, 2023 JUSTICES: JOSEPH SHAGBAOR IKYEGH, JCA EBIOWEI TOBI, JCA BATURE ISAH GAFAI, JCA DIVISION: LAGOS PRACTICE AREA: RECOVERY OF CHARGES BY LEGAL PRACTITIONERS FACTS: The appeal is from a decision of the Federal High Court sitting in Lagos, whereby the Court entered judgment on the undefended list for a claim of professional fees of the respondent, a legal practitioner, in the sum of US $297,500 against the appellants. The respondent qua legal practitioner, had by his action on the undefended ..read more
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