Day: October 3, 2023

Civil Cases Contract

SUIT NO: HOW/ /2023 – ENGR. PASCHAL CHIDI OKEREKE VS. ELEPHANT GROUP PLC – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 3RD DAY OF OCTOBER 2023-Jurisdiction- Contract enforcement- Order 2 Rule 3 of the Imo State High Court Civil Procedure Rules 2018- initiating actions related to breach of contract -These options include the judicial division where the contract was formed, where it should have been performed, where the defendant resides, or where the defendant carries on business-

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 3RD DAY OF OCTOBER 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Fundamental Right Enforcement

SUIT NO: HOW/ 977/2022 -MISS. EMMANUELLA ONYINVECHI ONUOHA VS. FINCA MICROFINANCE BANK LTD, AMARA BLOSSOM- BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT M. NJAKA – delivered ON THE 3RD DAY OF OCTOBER 2023- Fundamental Rights and Debt Recovery- Burden of Proof- Requirement for Substantiating Claims- Lack of Specific Evidence- Credibility of Allegations- Balancing Rights- Protecting Both Parties’ Interests- Encouragement of Mediation- Promoting Amicable Resolution-Constitutional Rights- Reminder of Guaranteed Protection- Establishing a Fair Payment Plan- Ensuring Repayment without Hardship

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 3RD DAY OF OCTOBER 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Civil Cases Fundamental Right Enforcement

HOW/927/2022- Chima Ohahuna, Chukwuebuka Ohahuna VS Obilobi Boniface Okere, Commissioner of Police Imo State O/C Anti –Kidnapping Squad Department, Imo State Police Command, IPO Bube James – BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT. M. NJAKA- delivered ON THE 3RD DAY OF OCTOBER 2023- Violation of Fundamental Rights and Unlawful Detention- Legality of Arrest and Complaint Validity-Entitlement to Declarations and Compensation-Arrest in lieu

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE   3RD  DAY OF OCTOBER 2023 BEFORE HIS LORDSHIP: -...
Civil Cases Contract

SUIT NO: HOW/ 496/2018 -INNOCENT IHEANYI IHEANAKWE VS. FIRST BANK OF NIGERIA PLC – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 28TH DAY OF SEPTEMBER 2023 – Statute of Limitations and its Applicability- Defendant’s Obligation to Send Money Return Warrants-Plaintiff’s Derivation of Value from Money Return Warrants- Discrepancies in Legal Interpretation on the Defense of Limitation Law- Specific Pleadings and Evidence in Limitation Law Cases- Admittance of Facts and Burden of Proof in the Absence of Challenge- Money Had and Received vs. Breach of Contract- Applicability of Money Had and Received- Sections 125 and 126 of the Companies and Allied Matters Act (CAMA)- Breach of Contract- Proof of Delivery- Bank Records: Banks and financial institutions are expected to keep records of their incoming and outgoing mail- Nature of Registered Post Services – Legal Obligations Regarding Registered Mail -Burden of Proof and the Use of Registered Post -Handling of Financial Documents and Bank Drafts -Importance of Documenting Financial Transactions – Examination of Exhibits and Documentation -Determining the Statute of Limitations -Award of Damages and Costs -Legal Principles on Special Damages- Solicitor’s Fees as Special Damages- Statutory Basis for Interest Claims – Interpretation of Statutory Provisions.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 28TH DAY OF SEPTEMBER 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE...
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