Day: October 7, 2023

Civil Cases

HAM/56/2019- JOSEPH OKECHUKWU NJOKU (Administrator to Estate of Sir Philip U. Njoku) VS. 1. ENUGU ELECTRICITY DISTRIBUTION COMPANY (EEDC) 2. NIGERIAN ELECTRICITY LIABILITY COMPANY(NELMCO) 3.ENGR. BENNETH ONUORA (Operations and Maintenance Engr., Mbaise District) 4.MR. C.C. OLUMBA – (Marketer, Mbaise District) 5.MR. ROBERT DICKERMAN (Managing Director/C.E. O, EEOC)- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- ON FRIDAY THE 1ST DAY OF JUNE 2023- cause of action- the statutory required time for filing such a suit-the burden of proof for showing that an action is statute-barred lies with the defendant, and the plaintiff had denied the assertion that the action was statute-barred -there was no law under which the plaintiff’s action could be considered statute-barred-The legal principles surrounding agency relationships- joint tortfeasors -the liability of agents of disclosed principals-The differentiation between consumers of electricity and employees- consumers’ main concern is adequate service, and billing is typically the responsibility of the distribution company -the estimated billing system is based on accounts and buildings/properties rather than individual names – the terms “estate,” “Administrator of an estate,” and “Personal Representatives.”

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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 1ST DAY...
Civil Cases

SUIT NO. HAM/66/2022- 1. BARRISTER JOHNSON IWUCHUKWU 2.THE AHIAZU MBAISE LOCAL GOVERNMENT COUNCIL (Represented by the Chief Larry Chikwe Interim management committee Ahiazu Mbaise Local Government Council) VS 1. NZE LEO AGOMUO IWU 2. MR. JOHN BEN IWU 3. MR. NGOZI IWU- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- ON FRIDAY THE 3RD DAY OF FEBRUARY 2023-Jurisdiction of the High Court- the supervisory jurisdiction of the High Court over lower courts and tribunals -the High Court’s duty to prevent abuses of power and ensure that inferior tribunals operate within the law and their designated jurisdiction -the three kinds of jurisdiction exercised by the High Court, including civil and criminal proceedings, appellate jurisdiction, and supervisory jurisdiction- the court’s ability to review administrative determinations of inferior tribunals and quash them when they offend against the law- when appeals should be directed to the High Court or other specialized courts based on the nature of the legal issues involved- Certiorari and Prohibition-Principles of Judicial Review-Judicial review is not an appeal but a review of the decision-making process- Limitations on Review- a reviewing court should not overstep into the realms of appellate jurisdiction and should focus on the legality rather than the correctness of a decision- Exclusive Appellate Jurisdiction-the limitations on exclusive appellate jurisdiction- High Court may hear appeals from customary courts in certain circumstances – Nature of Customary Law-Abuse of Court Process-the circumstances under which multiple proceedings can be pursued simultaneously -Territorial Jurisdiction- whether it is appropriate for parties to actively contest jurisdiction in one court while simultaneously pursuing a similar case in another court-Admissibility of Documents Attached to Affidavits- when documents are attached to an affidavit or counter-affidavit as evidence in court proceedings, objections to their admissibility are generally not raised- Jurisdiction of Customary Courts- Customary courts must operate within their jurisdictional limits. If a customary court assumes jurisdiction over persons or matters outside its purview, its decisions can be challenged and quashed through legal remedies like certiorari – Alternate Remedies and Writ Jurisdiction-The existence of alternative remedies, such as appeals, does not necessarily prevent a High Court from exercising its writ jurisdiction. The High Court may consider various factors when deciding whether to grant writs like certiorari- Preventing Abuse of Legal Processes- Courts should be cautious about allowing criminal charges to be used as tools to advance private interests, especially in disputes over land titles-The judiciary should prioritize justice and fairness over personal or ulterior motives.

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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 3RD DAY...
Civil Cases Divorce Cases

SUIT NO: HAM/53D/2022 -MICHAEL MICHAEL OKEREKE VS NNENNA EBERECHI OKEREKE- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THURSDAY, THE 1st DAY OF JUNE 2023- The significance of the defendant not calling witnesses- it does not necessarily mean there is no evidence in support of pleadings- The ability of a party to rely on evidence elicited from cross-examination of the opponent’s witnesses, as long as it pertains to facts pleaded- The court’s authority to scrutinize the case of the plaintiff, even if the defendant does not call witnesses-The requirement for the plaintiff to prove their case on the balance of probability or preponderance of evidence, even if the defendant does not present any evidence- Exceptions to the plaintiff’s entitlement to judgment, including situations where the plaintiff heavily relies on documents but fails to tender them in court, claims for damages requiring proof, and when a relief is not expressly claimed in the statement of claim-The inadmissibility of paragraphs in the statement of claim that are notoriously false to the common knowledge of the court- The standard of proof in matrimonial matters-the court must be reasonably satisfied with the evidence presented -The mandatory nature of the provision related to parties living apart in matrimonial matters and the court’s obligation to grant a Decree once this requirement is met.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF AHIAZU MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE ON THURSDAY, THE 1st DAY OF JUNE 2023...
Civil Cases

SUIT NO: HAM/72/2020- 1. MR. GODSPOWER EMENOGU 2. ELDER SUNDAY CHUKWUOCHA 3. NZE CHIDI CHUKWUOCHA 4. MR. OBED ANYANWU (Suing for themselves and as representing the people of Umuoriehi (Oriehi) Village in Eziama in Oporanadim Autonomous Community, Ahiazu Mbaise except any person or group of persons dissenting) VS. 1. H.R.H EZE LOUIS M. NWOKEKE 2. KENNETH CHIKA AGADA 3. ALOYSIUS OGOKE 4. ONESMUS OGOKE 5. GODFREY IWUANYANWU 6. SIMEON IBEKWE ANYANWU 7. JAMES NWAGWU 8. ZEPHANIAH ALOZIE – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA-delivered ON FRIDAY THE 3RD DAY OF FEBRUARY 2023- Competence of action- mode of commencement of suit by Originating Summons and whether it was appropriate given the nature of the case – Abuse of court process- what constitutes an abuse of the judicial process-Interpretation and construction of documents-Parties in a representative capacity- the concept of parties in a representative capacity- Multiplicity of actions-whether the filing of multiple suits on the same subject matter, involving the same parties, and addressing similar issues constituted an abuse of court process.

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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 3RD DAY...
Civil Cases Contract

SUIT NO: HAM/73/2022- MAZI OKECHUKWU UNEGBU VS. ENUGU ELECTRICITY DISTRIBUTION COMPANY- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA -Delivered ON FRIDAY THE 3RD DAY OF FEBRUARY 2023- Commencement of legal action-requirements of a Writ of Summons-significance of the Statement of Claim-the concept of a condition precedent- the complaint handling procedure of Power Holding Company- National Electricity Regulation Commission (NERC)-the prematurity of the action- Plaintiff had not explored all the internal dispute resolution steps provided before filing the lawsuit- the absence of a properly defined Writ of Summons.

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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 3RD DAY...
Civil Cases Divorce Cases

SUIT NO: HAM/54D/2021 – DR CHINWE PATIENCE PEDRO AZUOGU VS. BARR AZUOGU, PEDRO REMY- BEFORE HIS LORDSHIP: – HON. JUSTICE I.M. NJAKA.- THURSDAY 1ST JUNE, 2023- Territorial Jurisdiction- For matrimonial causes proceedings, the main requirement for jurisdiction is domicile in Nigeria, and any High Court of any State of the Federation or the Federal Capital Territory has jurisdiction to determine a petition for dissolution of marriage- Domicile- a person domiciled in any state of the Federation is regarded as domiciled in Nigeria and can file a divorce petition in any state in the country, regardless of their current residence- Forum Convenience and Interest of Justice- the importance of forum convenience and the interest of justice in determining the appropriate jurisdiction for matrimonial cases- these factors could empower the court to transfer matrimonial cases to another state high court in the federation if it serves the interests of justice – Service of Process- a fundamental condition precedent to the exercise of jurisdiction by a court of law- the two main ways of serving originating processes- personal service and service other than personal, such as substituted service- Proof of Service- compelling prima facie proof of service -the responsibility of proving there was no service of the processes rests with the Defendant.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE THURSDAY 1ST JUNE, 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M. NJAKA....
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