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SUMMARY JUDGEMENT IS FOR DISPOSAL OF UNCONTESTED CLAIMS

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In the instant case after the exchange of pleadings the respondent (as plaintiff at the trial court) brought an application for summary judgment under Order 11 Rules 1 and 2 of the High Court of Lagos State (Civil Procedure) Rules 1994. The summary judgment procedure is for disposing of cases which are virtually uncontested with dispatch. It applies to cases where there can be no reasonable doubt that the plaintiff is entitled to judgment and where it is inexpedient to allow a defendant to defend for mere purposes of delay. It is for the plain and straight forward, not for the devious and crafty. See U.B.A. Plc Vs Jargaba (2007) 11 NWLR (Pt. 1045) 247 @ 270 F-H per I.T. Muhammad, JSC; Sochipo Vs Leminkainen OY (1986) 1 NWLR (Pt. 15) 230: Adebisr Macqreoor Ass. Ltd. Vs N.M.B. Ltd (1996) 2 NWLR (Pt. 431) 378: (1996) 2 SCNJ 72 @ 81.

— K.M.O. Kekere-Ekun JSC. B.O. Lewis v. United Bank for Africa Plc. (SC.143/2006, 14 January 2016)

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TRIAL JUDGE IMPORTED EQUITABLE CONSIDERATION INTO HIS JUDGEMENT

By importing equitable consideration into his judgment, the learned trial Judge by what I term judicial legislation threw overboard and or repealed Exhibit –D” which is the applicable customary law to the chieftaincy. The court does not have that power. The office of the judge is jus dicere, not jus dare. See Okumagba v. Egbe (1965) All NLR 62 at 67.

— Ogwuegbu, JSC. Ogundare v Ogunlowo (1997) – SC.25/1994

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JUDGEMENT WRITING IS MATTER OF STYLE

It is of importance to note that writing of judgment is a matter of style by any particular Judge but the most important thing is the result that is arriving at the correct decision and thereby doing justice to both parties to the case. See Eyo vs. Iyang (2002) 8 NWLR (Pt. 715) 304.

— A.G. Mshelia, JCA. Ize-Iyamu v Alonge & Ors. (2007) – CA/L/184/03

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OUT OF NOTHING, NOTHING CAN ARISE; NOTHING CAN COME FORTH OF A JUDGEMENT THAT IS A NULLITY

The aforesaid attempt by respondents’ counsel to influence this court, consisting of a different panel of Justices, by the previous but nullified conclusions-even though described as opinions-of its predecessors in respect of the same appeal is, in my view, a novel and an improper one. As rightly submitted by learned Counsel for the appellants a judgment set aside as a nullity ceases to have any effect whatsoever, for it is non-existent and as if it had never been given. I therefore agree with the conclusion of appellants’ counsel that such judgment “cannot constitute an opinion of the court that gave it, for out of nothing, nothing can arise.” Reference was specially made to the cases of Akpene v. Barclays Bank (1977)1 S.C. 47 at 59 where the Supreme Court adopted the view of Lord Denning in Macfoy v. United African Company Ltd. (1961) 3 W.L.R. (P.C.) 1405 at 1409, to the effect that: “You cannot put something on nothing and expect it to stay there. It will collapse.”

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

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A COURT WILL TAKE JUDICIAL NOTICE OF HIS JUDGEMENT, REPORTED OR UNREPORTED

I think it is fairly well settled and not a matter of argument that a court will take judicial notice of its records and proceedings. In respect of the valid judgments of a court of Record, the court will readily take judicial notice of its judgments reported and unreported. I would not draw any distinction between panels of the same court. A decision of one panel is a decision of the Court and each Panel will take judicial notice of it. In my view, it is only for convenience that published report of valid judgments of court or copies of its unreported judgments are brought before a court. They need not be, they could just be cited.

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

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SOME PRINCIPLES ON THE NATURE OF A COURT’S JUDGMENT

1. A judgment or ruling of a competent court ought not to be illusory, but ought to have its consequences. One consequence of the Order of the Court of Appeal dated 13/11/85 is the restoration of Chief Ojukwu to his residence at No. 29 Queen’s Drive. The applicants by their delaying tactics have so far made that order illusory.

2. A judgment once given should be accepted as correct until the contrary is proved. This can only be done by and in an appropriate higher Court of Appeal – in this case the Supreme Court. This Court has not yet over-ruled or set aside the Order of the Court of Appeal of 13/11/85.

3. He who is in defiant disobedience of the law – here an Order of court – cannot appeal to the same law to help him continue in his disobedience.

4. The Applicants in this Motion are asking the court to exercise its discretion in their favour. The exercise of discretion is equitable and the function of equity is to supplement the law never to counteract or contradict the law.

– Oputa, JSC. Military Governor v. Ojukwu (1986) – SC.241/1985

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NATURE OF A DECLARATORY JUDGMENT

A Declaratory judgment or order is one that proclaims or declares the existence of a legal relationship, but does not contain any order which may be enforced against the defendant. Once rights declared in a declaratory judgment are infringed fresh proceedings are needed for enforcement. Declaratory judgments cannot be enforced by execution, as there is nothing to enforce. So where a court delivers a declaratory judgment, the party appealing may be granted an injunction if he deserves it but never a stay of execution pending the determination of the appeal.

– Rhodes-Vivour, JSC. Olabomi v. Oyewinle (2013) – SC.345/2012

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