Day: September 27, 2023

Criminal Cases

HAM/2CA/2021- HYCIENT ANYANWU Vs. COMMISSIONER OF POLICE- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA delivered ON FRIDAY THE 14TH DAY OF FEBRUARY 2023- Charge Under Section 125A and 351 of the Criminal Code Act- the elements of the offense under section 125A, which involves giving false information to a public officer with the intent to cause specific actions or consequences. The judge notes that a prosecution for an offense under this section requires the consent of a superior police officer or an administrative officer in certain cases- Section 351 of the Criminal Code Act – Unlawful Assault- Application of Section 202 of the Imo State Administration of Criminal Justice Law- High Court of Justice Imo State Practice Direction, 2022- Presumption of Regularity of Official Acts- Section 315 of the Imo State Administration of Criminal Justice Law, errors or omissions in the charge are not regarded as material unless the defendant was misled by such errors or omissions- Caution in Land Dispute Cases

Admin Editor
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF MBAISE JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, AHIAZU MBAISE ON FRIDAY THE 14TH DAY...
Civil Cases Contract

SUIT NO: HOW/7/2019- EMEREUWA MAUREEN EZINNE VS. MACIRA REAL HH COY. LTD.- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA delivered ON WEDNESDAY, THE 15TH DAY OF FEBRUARY, 2023- a valid contract for the sale of land requires the agreement of the parties on essential terms, including the parties involved, the property to be sold, the consideration, and the nature of the interest to be granted- what is admitted in the pleadings need not be further proven and is considered established. Facts admitted or not disputed cease to be in controversy- ownership and possession are crucial in property transactions, and a person must first own and possess a property before selling or transferring it to another- the Sale of Goods Act, which governs the sale of goods, does not apply to immovable property like land. Land transactions are regulated by specific legislation – the terms of the written contract are binding, and extrinsic evidence cannot be used to alter or contradict those terms- burden of proof lies on the party making an allegation, not on the party denying it. This is in line with the cases referenced in the judgment, such as ARUM VS NWOBODO and OLALEYE VS TRUSTEES OF ECWA – when a person signs a legal document without reading it and relies on another’s word about its contents, they cannot later claim it is not their document- a power of attorney is considered a contract, especially when coupled with consideration- Withholding of Evidence- Doctrine of Substantial Performance- Pre-judgment interest can be claimed and awarded in situations contemplated by an agreement between the parties, under mercantile custom, or under the principle of equity, such as a breach of a fiduciary relationship- in commercial matters, a party holding onto another’s funds for an extended period without justification should compensate the other party-

Admin Editor
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON WEDNESDAY, THE 15TH DAY OF FEBRUARY, 2023 BEFORE...
Fundamental Right Enforcement

SUIT NO: HOW/653 /2022 HON. JOHN NWAIGBO VS 1. MR. NORBERT OGONNA 2.MR. MARCEL NWOSU & 12Ors- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THURSDAY, THE 9TH DAY OF FEBRUARY 2023- in appropriate circumstances, rights can be enforced against private individuals. This principle is supported by various legal precedents, including the case of AKWA SAVINGS AND LOANS LTD. V. UDOUMANA & ORS, which established that the provisions in Chapter IV of the Constitution are enforceable not only against the State but also against artificial persons, such as private companies – citizens have a legal duty to report crimes they witness and to assist the police in investigations. This duty is imposed by law and is not subject to personal discretion. Failure to report a crime is considered an offense- the age-long rule and custom of Umuezealaopi Progressive Union, which requires members to seek the union’s resolution before involving the police or taking a matter to court – while such a rule may be acceptable in civil matters, it contradicts the law when it comes to criminal matters- Reporting a crime to the police is a civic duty, and any action taken against an individual for reporting a crime is considered illegal- right to freedom of association works both ways, meaning that individuals have the right to associate freely with others, but this does not obligate others to associate with them.- it is not the court’s role to interfere with the rules and regulations of voluntary associations, except when they violate the law or principles of natural justice.

Admin Editor
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY, THE 9TH DAY OF FEBRUARY 2023 BEFORE...
Fundamental Right Enforcement

SUIT NO: HOW/951/2022 – DR CHIBUZOR NWANGUMA VS. 1. INSPECTOR GENERAL OF POLICE 2. THE AlG ZONE 9 UMUAHIA 3. OIC CRACK SQUAD, ZONE 9 UMUAHIA 4. DCP EDEM ITA SELONG, ZONE 9 UMUAHIA 5. COMMISSIONER OF POLICE ABIA STATE 6. MRS. J. N. ELEAZU 7. MR. OBINNA ELEAZU 8. DR. CHINEDUM ELEAZU (For himself and other members of Eleazu Family) – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA -delivered ON THURSDAY, THE 9TH DAY OF FEBRUARY 2023 – the need for a fair investigation, adherence to the law, and protection of individual rights during the investigative process- importance of freedom of conscience and religion and the need to respect individuals’ beliefs and customs- in cases involving the alleged violation of fundamental rights, the burden of proof lies with the applicant. The applicant must provide concrete, cogent, and credible evidence to support their allegations of an imminent breach of their rights- Mere allegations or depositions in an affidavit are not sufficient to convince the court that there is a likelihood of an infringement of fundamental rights- The court cannot restrain the performance of a constitutional duty by the police, such as conducting an investigation. However, police investigations must be transparent and conducted in accordance with the principles of the rule of law. If the police are found to have acted outside the bounds of the law, an action for the enforcement of fundamental rights can be sustained against them- The court’s role in fundamental rights enforcement suits is to determine from the affidavits and documentary evidence whether the applicant’s rights have been breached, are being breached, or are likely to be breached. If the court cannot discern a breach or imminent breach of the applicant’s rights, it has a duty to dismiss the action or make appropriate orders as justice requires.

Admin Editor
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY, THE 9TH DAY OF FEBRUARY 2023 BEFORE...
Fundamental Right Enforcement

SUIT NO: HOW/714/2022-MRS. LUCY NJIDEKA EZE-ANYADIKE V 1. MR. JONATHAN CHUKWUDUBEM MENEKE 2. INSPECTOR PEACE OPARAUGO 3. COMMISSIONER OF POLICE, IMO STATE 4. THE NIGERIA POLICE FORCE – BEFORE HIS LORDSHIP:- HON. JUSTICE I. M. NJAKA – delivered ON WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023For an applicant to be entitled to declaratory relief, they must clearly demonstrate that their rights have been, are being, or are likely to be violated or infringed – The applicant has the duty to provide all necessary facts to enable the court to determine the case, especially in cases where the evidence is primarily based on affidavits- fundamental human rights are not absolute and can be limited by the law, especially in cases where a citizen is facing a criminal trial with serious penalties- citizens have the right to report crimes to the police, and they cannot be held culpable for doing so unless it is proven that the report was made maliciously. any detention, no matter how short, can constitute a breach of fundamental rights if it is found to be unlawful or wrongful- the privacy of Nigerian citizens’ homes and communications is guaranteed by the constitution but its violation can be reasonably justifiable in a democratic society for purposes of defense, public safety, public order, public morality, or public health, as well as for protecting the rights and freedom of others-the police may search a house without a warrant in exceptional cases where evidence is likely to be destroyed, concealed, or in danger of being destroyed. However, such searches must be transparent and conducted in accordance with the rule of law -unless there is clear evidence of a person directing or propelling the activities of the police, they may not be held responsible for the steps taken by the police in the exercise of their constitutional duties- the use of handcuffs during an arrest and the involvement of the police in money recovery, is not justifiable.

Admin Editor
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023 BEFORE...
Civil Cases

SUIT NO: HOW /792/2021 – 1.MR IKECHUKWU U. KAMKPAS NWANUFORO 2.MR CHIDOZIE A. KAMKPAS NWANUFORO 3.MR ONYINYECHUKWU O. KAMKPAS NWANUFORO 4.MR NNAMDI C. KAMKPAS NWANUFORO 5. MISS NNENNA IHUOMA KAMKPAS NWANUFORO VS. 1. SENIOR MAGISTARTE GD 1 (COURT 6, OWERRI) HIS WORSHIP, O. J. UZOECHI ESQ. 2.CHUKWUDI HILLARY ANOKAM – BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT.M. NJAKA -delivered ON THE 7TH DAY OF MARCH, 2023

Admin Editor
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 7TH DAY OF MARCH, 2023 BEFORE HIS...
Civil Cases

SUIT NOS: HAM/53/2021 -1.CHIEF BISHOP CHINEDU NWACHUKWU 2. CHIEF JEREMIAH ONWULIRI (For themselves and as representing the Executive Committee of Okoro-Na-Okazi Family Meeting, Amuzi Ahiara in the Ahiazu Mbaise L.G.A) Vs. 1. LINUS UZOMA NJOKU 2. PETER ANUMUDU 3. COLUMBUS MGBEMERE – BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT M. NJAKA- delivered ON FRIDAY THE 25TH DAY OF APRIL 2023 – whether a written deposition should be treated as an affidavit and whether a witness should be subjected to another oath to adopt their written deposition if it has become an affidavit–distinction between an affidavit and a statement on oath- a deposition on oath must be signed in the presence of the person authorized to administer oaths- presumption of regularity in official acts- courts should not be unduly tied down by technical procedural irregularities if they do not result in a miscarriage of justice – legal status of unincorporated associations -they must act through appointed representatives, unlike incorporated associations with legal personality. Democracy which thrives on egalitarianism must be allowed to trickle down and permeate to the lowest stratum of human conglomeration- leadership should be devoid of whimsical or capricious conduct, ego-centrism, nepotism, and should instead focus on selflessness, sincerity, and dedication to serving the overall objective of the community or organization.

Admin Editor
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF MBAISE JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, AHIAZU MBAISE ON FRIDAY THE 25TH DAY...
Civil Cases Defamation

HOW/973/2017 – KELECHI MADUAGWU & ORS Vs.TIMOTHY NWACHUKWU & ORS- BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT. M. NJAKA- delivered -ON THURSDAY THE 25TH DAY OF MAY, 2023 -In this judgment, the court assessed a defamation case where the plaintiffs claimed their reputation was harmed by the defendants. The court emphasized the need for evidence that defamatory statements were communicated to third parties and harmed the plaintiffs’ reputation. The plaintiffs failed to provide such evidence, and the court dismissed their case. The use of the term “hoodlum” was considered context-dependent, and without proof of harm to reputation, the plaintiffs’ claims were rejected.

Admin Editor
                    IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON...
Civil Cases Land Cases

HOW /581/2014 – INNOCENT NNAJIOFOR Vs. 1.LAWRENCE OKEREKE 2.EMMANUEL NWAKA 3.MRS. VICTORIA I. U. ONUBA 4. NJEMANZE EUNICE O. 5. NJEMANZE ALEXANDER O. 6.MINISTRY OF LANDS, SURVEY, HOUSING AND URBAN PLANNING, IMO STATE 7.ATTORNEY-GENERAL, IMO STATE -BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA-delivered ON THURSDAY, THE 25TH DAY OF MAY 2023 – whether the plaintiff’s action is statute-barred- Timing of Raising Statute of Limitations-Consequences of Statute Bar-Burden of Proof- what matters is whether the parties are ad idem (in agreement) about the same piece of land, regardless of the names used-mere registration does not validate spurious or fraudulent transfers-the significance of filing a red copy of the survey plan with the relevant authorities and the implications of not doing so- he existence of a statutory or customary owner of the land who had not been divested of their legal interest before the C of O was granted to the Plaintiff.

Admin Editor
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY, THE 25TH DAY OF MAY 2023 BEFORE...
Civil Cases Contract

HOW/363/15 – FIDELITY BANK PLC Vs. 1.EDVIC INTEGRATED SERVICES LIMITED 2.EDMOND O. AMADI- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA delivered ON THE 18TH DAY OF MAY 2023-whether the action of the Plaintiff is incompetent due to the non-joinder of a necessary party, specifically Abia State University-exceptions to the general rule that non-joinder does not defeat an action -whether the written deposition adopted by the sole witness complies with Section 13 and the 1st schedule of the Oaths Act 2004-whether there exists a tripartite agreement between the Plaintiff, the Defendants, and Abia State University concerning the loan facility- difference between a domiciliation agreement and a contract of guarantee- acknowledgment of debt and part payment, such acknowledgment can reset the statute of limitations-acknowledgment of a debt, even if it is statute-barred, can revive the right to recover it-substantial compliance with the Oaths Act is sufficient, and minor deviations in the form of an oath do not invalidate the evidence-courts have moved away from strict technicality in favor of ensuring that justice is done-the burden of proof rests with the party claiming repayment of a loan-the best way to prove payment of money into a bank account is through the production of bank tellers or acknowledgments showing that the bank received the payment

Admin Editor
IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE I. M. NJAKA ON THE...
Close