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!

MEANING OF OPINION IN A CASE/JUDGEMENT

Reach more audience. Place advert here.

I must not, I believe, confuse it with the meaning attached to the word in England where it refers to the speech or a whole judgment of a Law Lord delivered in the Rouse of Lords, or in the United States where it refers to the entire judgment of a superior court. It is in the context of the use of the word with reference to the United States and House of Lords’ decision that Black’s Law Dictionary (5th Edn.) at p.985 defined “opinion” as- The statement by a Judge or Court of the decision reached in regard to a cause tried or argued before them expounding the law as applied to the case and detailing the reasons upon which the judgment is based. This equates an “opinion” to the entire decision, which would include other parts of a judgment. But clearly the appellants are not saying that the Court of Appeal on the second hearing should have simply rubber-stamped and handed down again the previous decision of that court differently constituted. A more relevant definition of the word “opinion” in the sense it is used in this appeal is to be found in Words and Phrases Permanent Edition Vol. 29A at pp. 495-496 where “opinion” was defined thus: “An ‘opinion’ of the court is a statement by the court of its reasons for its findings, conclusions, or judgment. I adopt this, and only add that it also includes not only the reasons but also such findings or conclusions in such a judgment. So, an “opinion” is the reasoning and conclusion of a Judge on the issue or issues in contention before him. It is in this context that I shall consider the real points raised by this appeal.

— P. Nnaemeka-Agu JSC. Gbaniyi Osafile v. Paul Odi (SC 149/1987, 4th day of May 1990)

Was this dictum helpful?

SHARE ON

judgement

JUDGMENT MUST BE CONFINED TO ISSUES RAISED

It is well settled that a judgment must be confined to the issues raised on the pleadings. Where it is otherwise the court will be making a case for the parties by formulating its own case from the evidence and then proceeding to give judgment. No gratuitous awards are to be made by the court.

– Karibe-Whyte, JSC. Oniah v. Onyia (1989)

Was this dictum helpful?

NOT EVERY ERROR IN A JUDGEMENT WILL VITIATE IT

It is not every mistake or error in a judgment or decision that could vitiate such a decision as the mistake has to be shown to have led to a miscarriage of justice or materially or substantially affected the decision making to have such impact. See Owhonda v Ekpechi (2003) 9-10 SC 1 at 21; Mrs. Jumbo v R. S. H. P. A. D. A. (2005) 5 SC (Pt.11) 102 at 112. — M.U. Peter-Odili, JSC. Kwara Judicial Commission v Tolani (2019) – SC.63/2010

Was this dictum helpful?

JUDGEMENT WRITING BY A JUDGE IS A MATTER OF STYLE BUT MUST BEAR ESSENTIAL ELEMENTS

I accept the view that writing of a judgment is an art. I also accept the view that in carrying out this art, each Judge is free to follow his own style to produce a good product. But it is very essential that a Judge must show a clear understanding of the facts in that case, the issues involved, the law applicable and from all these to draw the right conclusions and make a correct finding on the credible evidence before him.

— Umaru Abdullai, J.C.A. JIMOH ABDULLAHI & Ors. v THE STATE (1995) – CA/K/180/C/94

Was this dictum helpful?

PAYMENT OF JUDGEMENT ENTERED IN FOREIGN CURRENCY

The present practice is that where an award is made in foreign currency, the judgment will be for the payment of the amount in foreign currency or its naira equivalent converted for the purposes of the enforcement of the judgment at the time of the payment.

— Ayoola, JSC. Saeby v. Olaogun (1999) – SC.261/1993

Was this dictum helpful?

COURT OF APPEAL IS BOUND BY HER PREVIOUS JUDGEMENT

This is a hypothetical and an academic question but my answer to the question is in the affirmative, i.e., that the Court of Appeal is bound by its previous judgments. It is also bound by the judgments of the Supreme Court. The Court of Appeal has not contended the contrary. Since the Court of Appeal sits in divisions, now there exists the danger of decisions delivered in one division conflicting with decisions in another division.

— Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988

Was this dictum helpful?

JUDGEMENT IN REM – IT DETERMINE THE STATUS OF A THING OR PERSON

Now, in Law, a judgment in personam is a judgment against persons who are parties or privies to the particular suit or proceeding alone. It is referred to as judgment inter parties. It is a judgment binding on the parties to the action alone. A judgment in rem on the other hand, is a judgment that determines the status of a person or thing as distinct from referred to as a the particular interest of a party to the litigation. It judgment contra-mundum, binding on the whole World. It is therefore binding, not only on the parties to the dispute but even on non-parties. Therefore, once the status of a person or thing has been pronounced upon by a Court of competent jurisdiction, no person is permitted to assert the contrary of what the Court has determined. See Black’s Law Dictionary (11th Edition) at page 1008; Gbemisola v. Bolarinwa (2014) 9 NWLR (pt. 1411) 1 at 19; Yanaty Petrochemical Ltd v. EFCC (2017) LPELR -43473 (SC) and Ladejobi & Ors v. Oguntayo & Ors (2015) LPELR-4170 (CA). A judgment in rem therefore, is an adjudication which pronounced upon the status of a particular subject matter, by a Court of competent jurisdiction.

— H.S. Tsammani, JCA. APM v INEC & Ors. (2023) – CA/PEPC/04/2023

Was this dictum helpful?

No more related dictum to show.