“24, Mr, Onuora rightly set out the distinction between substantive and procedural laws when he said that ‘as a general rule, laws which fix duties, establish rights and responsibilities among and for persons natural or otherwise are substantive laws in character while those which merely prescribe the manner in which such rights and responsibilities may be exercised and enforced in a Court are procedural law.’”
— Ukor v Laleye (2005) – ECW/CCJ/APP/01/04
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Samuel Osigwe v. PSPLS Management Consortium Ltd & Ors. (2009) 3 NWLR 378 SC: “Breach of a rule of practice and procedure does not render the proceedings a nullity but merely an irregularity.” Was this dictum helpful? Yes 0 No 0...
In SOLANKE VS. SOMEFUN (1974) 1 SC 141, Sowemimo, JSC (as he then was) opined: “Rules of Court are meant to be complied with … Rules of Court are made to be followed. They regulate matters in Court and help parties to present their case for purpose of a fair and quick trial. It is...
It is my considered opinion that for Order 23 of the National Industrial Court [Civil Procedure] Rules, 2017 to apply, Counsel must satisfy the Court as to the following: a. That there is no provision made in the Rules as to the practice and procedure sought to be adopted. b. That there is a provision made but it is in adequate. c. That the procedure sought to be adopted will do substantial justice to the parties in the particular circumstance. In my view, learned Counsel has not satisfied these conditions. In addition, what learned Counsel sought to do is unknown to law.
— I.G. Nweneka, J. Anyina v. Messrs First City Monument Bank Ltd. (NICN/ABK/03/2017, 12th December 2017)
The Rules of Court made to regulate the practice and procedure in the Supreme Court and indeed Rules made for the regulation of practice and procedure in the various courts in Nigeria have not been made for or to lie only in the statute books. They are made for the benefit of courts on the...
It has since been established by a plethora of authorities that the appropriate time at which a party to proceedings should raise an objection based on procedural irregularity is at the commencement of the proceedings or at the time when the irregularity arises. If the party sleeps on that right and allows the proceedings to...
Rules of Court are purposely made to be obeyed and followed, therefore all procedure set by the rules must be complied with. However, where in the course of following the rules some errors or mistakes are committed or omitted, such error or mistakes would not out rightly render the proceedings a nullity. Depending on the...
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