Day: November 26, 2024

Fundamental Right Enforcement

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- SUIT NO. HOW/977/2023 – EMMANUEL T. OKPARA ESQ. AND GREEN AFRICA AIRWAYS LIMITED & ANOR – Violation of Transparency Obligations and Data Subject Information- Section 37 of the Nigerian Constitution- Nigeria Data Protection Regulation (NDPR)- Nigeria Data Protection Act 2023 (NDPA)- Is the fundamental right enforcement relief, in this case, the main relief or ancillary relief?- The court may grant only the reliefs that can be accommodated or covered under the Fundamental Right Enforcement procedure- a breach of the provisions of the Nigeria Data Protection Act, 2023 (NDPA) and the Nigeria Data Protection Regulation, 2019 (NDPR) can constitute an interference with the right to privacy as guaranteed under Section 37 of the Constitution of the Federal Republic of Nigeria, 1999- What right to privacy entails- Section 97 of Sheriffs and Civil Process Act, does not apply to fundamental right enforcement proceedings.

Admin Editor
IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI THIS THURSDAY THE   31ST DAY OF...
Fundamental Right Enforcement

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA – SUIT NO: HOW/386/2023- NZE ANTHONY MGBEMERE & ORS V. PASTOR IKEDI EKWONYE & ORS -In the absence of Counter Affidavit of the Respondents, the onus is still on the Applicants to prove their case- The general position of the law in Nigeria is that parties are expected to file all their evidence and submissions before the final hearing of a matter- However, the courts have also recognized the need for some flexibility, especially in the interest of doing substantial justice

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