STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

DECLARATORY JUDGEMENT IS DISCRETIONARY

Reach more audience. Place advert here.

In the case of Egbunike v. Muonweokwu (1962) 1 All NLR 46 Taylor, FJ. held as follows on p. 51. “A declaratory judgment is discretionary. It is a form of judgment which should be granted only in circumstances in which the Court is of opinion that the party seeking it is, when all the facts are taken into account, fully entitled to the exercise of the Court’s discretion in his favour.”

Was this dictum helpful?

SHARE ON

judgement

MAGISTRATE COURT IS TO DELIVER JUDGEMENT WITHIN TIMEFRAME SET BY THE CONSTITUTION

In any case, section 294(1) of the Constitution is intended to ensure that a court delivers its judgment before the lapse of human memory. Those who preside over the Magistrates’ Court have no claim to better and longer memory than the Judges of Superior Courts, nor can there be a double standard of justice delivery,...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WHAT IS A FINAL JUDGEMENT

A judgment of court which finally settles the rights of the parties in the subject matter of the claim in the sense that it was not given in default of a Statement of Defence is a final judgment. – Karibi-Whyte, JSC. Afegbai v. A.G Edo State (2001) Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

AWARDING INTEREST BEFORE JUDGEMENT

The power to award interest before judgment is based on statute or a right based on the common law or some equitable principle or contract. The nature of this interest makes it mandatory that before an award can be claimed, the facts in support must be pleaded and evidence lead to support the claim. The...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

A SEPARATE PANEL CANNOT TAKE JUDICIAL NOTICE OF NULLIFIED JUDGEMENT OF ANOTHER EARLIER PANEL

In argument, we were not referred to any decided case that appeared to have answered the basic problem in the above questions. I shall therefore attempt to answer them inferentially from some decided cases and from general principles. In the case of Craven V. Smith (1869) L.R. 4 Exch. 146 which was referred to in...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

DURING JUDGEMENT DELIVERING, IT IS NOT NECESSARY FOR ALL PANEL MEMBERS TO BE PRESENT

Now, the Committee is a Tribunal and not a regular court. Even in a court that a Panel is constituted including the two Appellate Courts in this country, it has been held that, it is not necessary for all the Justices that heard the matter, to be present during the delivery of their judgment. Indeed,...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

GROUND OF APPEAL MUST RELATE TO THE JUDGEMENT OF THE COURT

It is long settled that a ground of appeal must arise or relate to the judgment against which the appeal is filed. That is to say the ground of appeal should be a direct challenge to the decision of the lower court. Where this is not the case, the ground of appeal should be struck...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

No more related dictum to show.