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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.
Isaac v Imasuen (SC.172/2006)[2016] NGSC 60 (29 January 2016) (SC.172/2006) [1960] NGSC 1 (28 January 2016); 
CL Index Occupancy and Possession Title to real property Property Law Laches and Acquiescence Civil Defences Pleadings Civil Procedure Facts Not Pleaded Pleadings Civil Procedure
The question for the court was whether a respondent who never pleaded his entitlement to a defence can be lawfully refused the reliefs he seeks against an appellant.
The respondent claimed title to the land in dispute, alleged trespass against the appellant and sought an injunction. On appeal, the appellant claimed laches and acquiescence against the respondent. This was on the basis that the respondent stood by waiting for the appellant to complete his residential building and moved in before he took legal steps.
The contention of the respondent was that the equitable defence of laches and acquiescence did not arise in the court below and therefore the respondent could not be said to be guilty of any.
This court held that the respondent, from his pleadings and evidence, continued to have the right to exclusive possession of the land in dispute. The appellant violated this right. The appeal was dismissed for lack of merit.
It was further held that the respondent failed to adhere to the rules of pleading in the conduct of their cases, therefore the respondent may not make any case outside the matters he pleaded.
Chief Nkpa v Champion Newspapers Limited and Another (CA/L/412/2012)[2016] NGCA 75 (10 March 2016) (CA/L/412/2012) [2016] NGCA 75 (09 March 2016); CL Index Statutory Interpretation Amendment to Pleadings Pleadings Civil Procedure Strike-Out Civil RemediesThe issue was whether a claimant is allowed by court rules to file witness statements and other documents in reply to a defendant’s defense to a claim.
The dispute emanated from a lower court’s decision to strike out the appellant’s reply to the respondents’ defense. The reply was struck out on the basis that it contained a written statement on oath and documents which was regarded as an amendment of the pleadings.
The appellant was challenging the decision to strike out on the grounds that the court rules impliedly provides for further documents and statements in reply to a defendants’ defense. On the other hand, the respondents opposed the appeal on the ground that the court rules do not provide for a reply to be accompanied with a witness statement and any other document.
In deciding the matter, the court held that order 18 of the High Court rules which deals with a reply to a statement of defense does not require that any document or statement shall be accompany such reply. It further ruled that where the words in a statute are clear and unambiguous, they ought to be accorded their simple grammatical interpretation. The appeal was thus dismissed.
Igbozor v Prince Nyong Inyang Effiong and Others (CA/C/128/2012)[2016] NGCA 119 (27 January 2016) (CA/C/128/2012) [2016] NGCA 119 (26 January 2016); Parties to A Suit Parties Civil Procedure Pleadings Civil Procedure Human Rights Substantive rights Human Rights Association Substantive rights Human Rights CL IndexFreedom of association – Labour unions – Membership in labour union
CHIMA UME & ORS v. CHRISTIAN UCHECHUKWU IBE (CA/OW/57/2011)[2016] NGCA 129 (22 February 2016) (CA/OW/57/2011) [2016] NGCA 129 (21 February 2016); CL Index Amendment to Pleadings Pleadings Civil Procedure Admissibility Evidence LawAppeals – evidence before trial judge leading to draw inferences and conclusions on the facts of the case