Divorce Cases

Abolition of demurrers removes the procedural tool of demurrers but does not eliminate the right to challenge the court’s jurisdiction-Order V Rule 10(1)(a)(b)-Order V Rule 12(1)- when verifying affidavit is not written on the petition but filed separately- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- SUIT NO: HOW /75D/2023 -NWANEVU CHIDIEBERE GORDIAN V MRS. OGECHI PATIENCE NWANEVU

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Civil Cases

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA – SUIT NO: HOW/666/2022 – MR. AMBROSE UZOMA V. ELDER ROMANUS NLEMCHUKWU NKEMJIKA-Order 44 Rule 4 of the Imo State High Court Civil Procedure Rules, 2017 -Section 36(1) of the 1999 Constitution of Nigeria- A defendant seeking to set aside a judgment must show that they have a meritorious defence

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Divorce Cases

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA – SUIT NO: HOW/132D/ 2023 KELECHI SOLOMON EZEKA V CHIOMA NNENNA EZEKA -Order V Rule 10(1) of the Matrimonial Causes Rules 1983

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Fundamental Right Enforcement

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA – SUIT NO HOW/416/2023 – CHIBUZOR AHAMEFULE V HRH EZE JUDE NWOGU & ORS – Attempt to enforce customary sanctions through means that directly conflict with constitutional protections- fundamental rights stand above the ordinary laws of the land- A banishment order is a direct violation of Section 41 of the Constitution-Whether customary law sanctions can override constitutional fundamental rights

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Civil Cases Land Cases

SUIT NO: HOW/1479/2022- BY HON JUSTICE INNOCENT M. NJAKA:Estoppel and Res Judicata Whether the Plaintiffs/Respondents are estopped in law from instituting the current suit based on the principles of estoppel and res judicata, considering the requirements of a prior judgment, the identity of parties, and the subject matter. Legal Reference: The doctrine of estoppel under Nigerian law requires (i) a final judgment by a court of competent jurisdiction, (ii) identical parties or their privies, and (iii) identical subject matter (Iwuagolu v. Azuka [2007] 5 NWLR (Pt. 1028) 621). Abuse of Court Process Whether the current suit constitutes an abuse of court process, as alleged by the 3rd Defendant/Applicant, examining if the Plaintiffs/Respondents are improperly using the legal process to harass or annoy the opposing party. Legal Reference: Abuse of court process occurs when legal processes are used maliciously or oppressively (Saraki v. Kotoye [1992] 9 NWLR (Pt. 264) 156). Resolution of Estoppel at Interlocutory Stage Whether the court can determine the issue of estoppel at the interlocutory stage without a full trial, considering whether affidavit evidence alone is sufficient to resolve such complex legal issues. Legal Reference: Nigerian courts require full hearings for complex issues like estoppel, which cannot be conclusively resolved through affidavit evidence alone (Tobin v. Mobil Production (Nig.) Unlimited [2015] All FWLR (Pt. 778) 808). Denial of Involvement in the Constitution Whether the Plaintiffs/Respondents’ denial of involvement in the constitution upon which the 3rd Defendant/Applicant claims traditional rulership raises sufficient grounds for the court to proceed to a full hearing. Legal Principle: Factual disputes, particularly involving denials of involvement or privity in key documents, require a full trial for a comprehensive examination of evidence. Bad Faith in Application to Dismiss Whether the 3rd Defendant/Applicant’s application to dismiss the suit is made in bad faith to prevent the Plaintiffs/Respondents from obtaining a fair hearing and to frustrate the judicial process. Legal Reference: Applications intended to deny a party’s right to a fair hearing can be deemed to be made in bad faith and constitute an abuse of the legal process (Honda Place Ltd. v. Globe Motors Ltd. [2005] 14 NWLR (Pt. 945) 273)

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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....
General

Whether the Plaintiffs’ suit constitutes an abuse of court process: Does the initiation of the current suit by the Plaintiffs amount to an abuse of court process, considering the allegations that it seeks to relitigate issues already determined in Suit No. HOW/238/18? Whether the defense of res judicata or issue estoppel applies to the present suit: Are the parties, subject matter, and issues in the present suit identical to those in Suit No. HOW/238/18, such that the doctrine of res judicata or issue estoppel would bar the Plaintiffs from proceeding with their claims? Whether the parties in the present suit are the same as those in Suit No. HOW/238/18: Can the Defendants successfully establish that the parties in both the current suit and the previous suit are the same or have a sufficient relationship (privity) to invoke res judicata? Whether the subject matter and issues in the present suit are the same as in Suit No. HOW/238/18: Are the subject matter and issues in the present suit sufficiently distinct from those in the previous suit, or do they overlap to the extent that the current action constitutes an attempt to relitigate issues already decided? Whether the exhibits relied upon by the Defendants (Exhibits A, B, and C) are relevant and applicable to the present suit: Do the exhibits tendered by the Defendants directly pertain to the issues in the present suit, or are they irrelevant because they concern different parties or different matters? Whether the current suit is an attempt to relitigate issues already determined in Suit No. HOW/238/18: Does the Plaintiffs’ action constitute a relitigation of issues already settled in the previous suit, or does it involve new claims, such as trespass by new parties, that entitle the Plaintiffs to pursue their current claims? BY HON. JUSTICE INNOCENT M.NJAKA

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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...
Civil Cases Land Cases

SUIT NO. HOW/313/2016 1.CHIDI UNEZE 2. INNOCENT AHUMIBE 3. GODSON NNADI 4. CHIEDU OSUJI 5 SABASTINE OPARAJI 6. LOUIS OKORO 7. FERDINAND UKAEGBU 8. EMMANUEL AGUMANU ( For Themselves And As Representatives of the Native Owners of The Land In Dispute in Umuohiadagu/umuekwema, Umumbazor, Nekede, Owerri West LGA And Purchasers From Them; Except The 4th – 8th Defendants And Their Supporters. AND 1. THE GOVERNOR, IMO STATE OF NIGERIA 2. HE HONOURABLE COMMISSIONER MINISTRY OF LANDS, SURVEYS & URBAN PLANNING 3. MR. U.D. NWAIWU, DIRECTOR OF LANDS MINISTRY OF LANDS, SURVEYS & URBAN PLANNING 4.CHRIS OKECHUKWU 5.ASIKA UNEZE 6.ONYEKACHI MADUAGWU 7.H.R.H. EZE STEPHEN K. AGUMANU IV Delivered on THIS WEDNESDAY THE 9TH OCTOBER,2024 by HIS LORDSHIP: – HON. JUSTICE I. M. NJAKAWithdrawal of Representation by Counsel, Conditions for Counsel’s Withdrawal from Representation, Defendants’ Absence Despite Court’s Multiple Adjournments Unlawful Land Acquisition: Plaintiffs argue that the Defendants failed to follow required legal processes for land acquisition, including the absence of a ‘Claims Survey’ and lack of ‘adequate compensation.’ Constitutional Right to Property: Emphasis on the constitutional right to own property and the government’s obligation to adhere to statutory procedures for compulsory land acquisition. Deficiencies in Defendants’ Evidence: Defendants’ failure to provide proof of legal acquisition, such as documentation of ‘gazetted acquisition’ or payment of compensation. Court’s Stance on Public Acquisition: Judicial rulings highlighted that mere designation of land for public use does not amount to lawful acquisition without adherence to legal requirements. Validity of Ownership: Argument distinguishing between possession and ownership, with reference to established legal principles proving ownership of land. Discrepancy in Payment Justification: Inconsistency in Defendants’ claim of paying N4 million for “Ego Ipipie Ohia,” questioning the legality of this payment in relation to proper government land acquisition. Procedural Irregularities: Issues raised regarding statutory non-compliance and procedural flaws in the Defendants’ acquisition process, including lack of proper notifications and due process. Presumption of Regularity Rebutted: Defendants’ claim of presumption of regularity under the Evidence Act rejected due to failure to meet statutory requirements.

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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 WEDNESDAY THE 9TH OCTOBER, 2024...
Criminal Cases

SUIT NO: HOW/9C/2022- THE STATE V ARDO SALE MUSA- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- ON THURSDAY THE 19TH DAY OF OCTOBER 2023- MURDER – NATURE OF THE OFFENSE- THE DEFENDANT WAS CHARGED WITH THE OFFENSE OF CONSPIRACY AND MURDER- BURDEN OF PROOF- THE THREE KEY ELEMENTS- PRINCIPLE OF PROOF BEYOND REASONABLE DOUBT-EYEWITNESS TESTIMONY-MOTIVE-WHILE MOTIVE IS NOT A STRICT REQUIREMENT FOR A CONVICTION, IT CAN BE RELEVANT AND ADMISSIBLE IN A CASE-INTENT- INTENT CAN BE PROVEN EITHER POSITIVELY, THROUGH A DIRECT DECLARATION OF INTENT BY THE ACCUSED, OR INFERENTIALLY, FROM THE ACCUSED’S CONDUCT AND SURROUNDING CIRCUMSTANCES-USE OF MEDICAL AND PHOTOGRAPHIC EVIDENCE- THE DEFENSE OF ALIBI- CONDUCT OF THE ACCUSED-VERDICT AND SENTENCING: THE DEFENDANT WAS FOUND GUILTY OF MURDER, AND THE MANDATORY SENTENCE OF DEATH BY HANGING WAS IMPOSED.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY THE 19TH DAY OF...
Fundamental Right Enforcement

SUIT NO: HOW/194/2023- PROFESSOR BENARD ODOH VS. 1. INSPECTOR GENERAL OF POLICE 2. COMMISSIONER OF POLICE EBONYI STATE 3. THE STATE SECURITY SERVICE EBONYI STATE – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 3RD DAY OF OCTOBER 2023- the importance of protecting fundamental rights, especially in cases involving political persecution-Duty of the party alleging violation of fundamental rights to present material facts before the Court.-principles related to arrests and detentions-arrests should be based on sufficient evidence -the Court to protect individuals’ rights when they are violated-duties and responsibilities of the Nigeria Police and the Department of State Services (DSS) in maintaining law and order and safeguarding national security-The importance of cooperation and coordination between law enforcement and security agencies and underscores the need to respect and protect human rights.

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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

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...
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