Judiciary-Poetry-Logo
JPoetry

IT IS BETTER TO HAVE A BAD JUDGEMENT QUICKLY THAN A GOOD ONE TOO LATE

Dictum

Furthermore, like I equally pointed out in the considered Bench ruling of 11 May 2023, citing Mr Victor Adegboyu v. UBA unreported Appeal No. CA/IL/20/2021, the judgment of which was delivered on 14 April 2022 per His Lordship Amadi, JCA, time is of the essence in labour adjudication; and so the mantra of labour adjudication is: it is better to have a bad judgment quickly, than a good one too late. See The Federal Polytechnic, Mubi v. Mr Emmanuel Peter Wahatana unreported Appeal No. CA/YL/175M/2021, the ruling of which was delivered on 27 April 2023 per His Lordship Affen, JCA.

— B.B. Kanyip, J. FG v. ASUU (2023) – NICN/ABJ/270/2022

Was this dictum helpful?

SHARE ON

JUDGEMENT MUST BE CONFINED TO PARTIES ISSUES

This is because it is a fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties and it is not competent for the court to make a case for either or both of the parties and then proceed to give judgment on the case...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

BECAUSE A JUDGEMENT IS A NULLITY DOES NOT MEAN IT IS NON-EXISTENT

I must observe that in trying to answer these important questions, learned counsel for the respondents tried to take umbrage under the statement of Lord Denning in Macfoy v. United African Co. Ltd. (1961) 3 W.L.R. 1405 at p.1409, P.C. where he said: Any purported exercise of any function being without any legal or Constitutional...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

TO VARY COURT JUDGEMENT, RESPONDENT NEEDS TO FILE RESPONDENT’S NOTICE

The 1st defendant cannot in the circumstances of this case, it not having appealed and not having filed a respondent’s notice, pray for a variation in the judgment in its favour. — Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988 Was this dictum helpful? Yes...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

NULL JUDGEMENTS BECOME MERE DOCUMENTS; COURT CANNOT TAKE JUDICIAL NOTICE OF ALL DOCUMENTS IN HIS REGISTRY

As stated earlier, such judgments exist not as judgments but as documents. They become documents as any other document in the Registry of the court. It would be most tedious to argue that the court could take judicial notice of every document in its registry. Section 73 of the Evidence Act deals with matters, which...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

STAGES IN JUDGEMENT WRITING AS STATED BY OPUTA JSC

Isaac Stephen v. The State (1986) 5 NWLR (Pt.46j 978 in which Oputa J.S.C. set out the stages to be followed in writing a good judgment, particularly in criminal cases. The four stages outlined by the learned Justice are as follows:- “Stage 1: If the plea of the accused is guilty no issues arise and...

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?

In Obasi Brothers Merchant Co. Ltd. vs. Merchant Bank of Africa Securities Ltd. (2005) 2 SCNJ 272, Pat-Acholonu, JSC held at page 278 that: “A final judgment is one which decides the rights of parties. In other words it is a decision on the merits of the case where the matter is assiduously canvassed and...

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.