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The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
GUARANTY TRUST BANK PLC V INNOSON NIGERIA LIMITED (SC. 694/2014)[2017] NGSC 25 (12 May 2017) (SC. 694/2014) [1960] NGSC 1 (11 May 2017); 
CL Index Fresh Issues On Appeal Appeals and reviews Civil Procedure Garnishee Proceedings Civil Remedies Abuse of Process Conduct of proceedings Civil Procedure Garnishee Order Nisi Civil RemediesIn this case, monies held by the appellant belonging to the Nigeria Customs Service were traced. An order nisi was served on the appellant as the fifth garnishee. This case illustrates how the garnishee proceedings do not avail the garnishee to attack a judgment that the judgment creditor and debtor have accepted.
The court considered whether the appellant should be granted leave to raise fresh issues in additional grounds of appeal. The court explained that garnishee proceedings were not a process employed by the garnishee to fight a proxy war against the judgment creditor on behalf of the judgment debtor. The court held that a decision of a court of law not appealed against is to be accepted by the parties and it remains binding on them other parties, including garnishees.
The court held that the appellant had prayed for leave to raise issues that this court did not have the benefit of the views of the court below. The court considered order 2 rule 12 of the Rules of the Court which provide that the court may exercise its discretion to accept fresh evidence. The court held that there was a mischievous purpose attached to the appellant’s application and no power in law inheres in the garnishee to fight the cause of a judgment debtor.
The court concluded that the cause of action available to the garnishee was quite limited and therefore the application in this case was an abuse of the court process.
The court dismissed the application with costs.
Osunde v Ecobank Nigeria Plc (Formaly Oceanic Bank International Plc) (CA/L/70/2011)[2016] NGCA 25 (9 June 2016) (CA/L/70/2011) [2016] NGCA 25 (08 June 2016); CL Index Pre-Trial Conference Conduct of proceedings Civil ProcedureThe appellant averred that the trial court, without application by either party, dispensed with the mandatory requirements for pre-trial conference and ordered that the two pending applications be argued immediately.
The issues were whether the provisions of Order 25 of the High Court of Lagos State (Civil Procedure) Rules 2004 provides for the mandatory holding of pre-trial conference and whether the ruling dispensing the pre-trial conference in the trial court was made in disregard of the civil procedure rules.
The court held that pre-trial conference is used to decipher interlocutory issues and trivialities of facts from the main trial of the case, when and if full trial is necessary for the final determination of the case. Pre-trial conferences may be mandatory however they do not apply where the pleadings have not yet closed or where by the wording of other rules of court it is inapplicable. The court went on to express that in the instant case, the pleadings had not yet closed and so the court below was right in holding that the summary judgment did not envisage any pre-trial conference. This because the summary judgment procedure instead is targeted at speedy disposal of the case where there is no defense or good defense to the claim. The court held that the respondent rushed to apply for pre-trial conference when the issue of whether or not there would be full trial was yet to be determined by the court.
The appeal was dismissed.
Access Bank Plc v Agege Local Governement and Another (CA/L/649/2014)[2016] NGCA 35 (17 May 2016) (CA/L/649/2014) [2016] NGCA 35 (16 May 2016); CL Index Parties to A Suit Parties Civil Procedure Preliminary Objections Conduct of proceedings Civil ProcedureThe case before the appellate court concerned an appeal against the ruling of the High Court where the appellant’s case was dismissed. In the High Court, the appellant sought to challenge the jurisdiction of the High Court to hear the matter.
The court considered whether the non-inclusion of the word ‘council’ to the names of the respondents was a misnomer and whether the High Court was justified in dismissing the appellant’s preliminary objection.
The court held that the non-inclusion of the word ‘council’ was indeed a misnomer which stood to be amended with the court’s discretion. Once amended, it gave the High Court the right to dismiss the appellant’s preliminary objection.
The court relied on legislation establishing the respondents in order to identify their correct names and the court stated that no other names could have been intended than those put forward by the respondents. The court was of the view that the appellant was being unnecessarily technical which led to an incorrect legal view.
As a result, the appeal was dismissed, and the ruling of the High Court was affirmed. Costs were ordered in favour of the respondents.
Oyewo v Shekoni and Others (CA/L/168/2015)[2016] NGCA 51 (5 May 2016) (CA/L/168/2015) [2016] NGCA 51 (04 May 2016); CL Index Abuse of Process Conduct of proceedings Civil ProcedureThe appellant sought to enforce a retainer agreement which was dismissed in the trial court because it lacked jurisdiction and the matter was pending before the Supreme Court. The Court of Appeal considered whether the case was an abuse of court process.
The court held that an appeal is a continuation of a matter and there must be a complete cause of action. Further, the concept of abuse of court process is fluid and imprecise. Improper use of the judicial process by a party in litigation to interferewith due process of administration of justice.
The court found the action of the appellant, in this case, was not properly instituted and premature therefore an abuse of court process. Further, if the court were to determine the claims of the appellant while the eventual decision of the Supreme Court of appeal is pending, such a decision would have overreached the eventual outcome of the SupremeCourt.
Accordingly, the court dismissed the action.
Hitech Construction Company Ltd v Ude and Others (CA/L/320/2014)[2016] NGCA 68 (4 March 2016) (CA/L/320/2014) [2016] NGCA 68 (03 March 2016); CL Index Jurisdiction International law Human Rights Parties to A Suit Parties Civil Procedure Locus Standi Parties Civil Procedure Preliminary Objections Conduct of proceedings Civil ProcedureThis was an appeal of the decision of a lower court to grant the respondents leave to amend their writ of summons in terms of substituting the 1st to the 12th plaintiffs with their personal representatives and guardians. The writ was taken out in the names of the deceased victims of the fire incident occasioned by the appellant. The appellant, via a notice of preliminary objection challenged the jurisdiction of the court to hear the application having been brought by deceased persons. This preliminary objection was not dealt with by the lower court in its decision.
The court held that the lower court committed a serious error when it did not consider a preliminary objection which challenged the jurisdiction of the court. A court must always establish that it has jurisdiction before it deals with any matter such as the merits of an amendment.
The court further held that the law recognizes two categories of persons who can sue and be sued. They are natural persons with life, mind and brain; and other bodies or institutions having juristic personality.
Accordingly, a dead person ceases to have legal personality and can neither sue nor be sued.
Therefore if the original writ of summons and initiating process are void, the court lacks jurisdiction to entertain or enter judgment in the matter. Based on the above principles, the court upheld the appeal and struct out the claim for want of jurisdiction.
Etim and Others v Etta and Others (CA/C/197/2011)[2016] NGCA 106 (6 July 2016) (CA/C/197/2011) [2016] NGCA 106 (05 July 2016); CL Index Parties to A Suit Parties Civil Procedure Joinder Parties Civil Procedure Abuse of Process Conduct of proceedings Civil ProcedureThe court considered whether the joining of the fourth to the sixth respondent constituted an abuse of court process which had an interest in the land in dispute.
The court held that the effect of the High Court rules was that substantial justice is achieved if the parties and trial judges achieve just, efficient and speedy dispensation of justice.
The court found that the joinder of the fourth to sixth respondents to contest title to the land did not constitute an abuse of court process. They were entitled in law to file a statement of defence or counterclaim against the appellants.
The court accordingly dismissed the appeal with costs.