Court Judgments And Decisions Of Court Of Appeal

The Court of Appeal Reports (CAR) is a law report duly approved by the President of the Court of Appeal of Nigeria, Hon. Justice Z. A. Bulkachuwa, J.C.A. and published monthly by Laurels and Prizes Law Publications.

The Court of Appeal Reports (CAR) contain timeless and recondite judgments  from the 16 divisions of the Court of Appeals of Nigeria.

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A Report Of The Judgement Of The 16 Divisions Of The Court Of Appeal In Nigeria

INDEX (2016) 12 C.A.R

ACTION – Cause of action – Duty to prove accrual date of – On whom lies – Nasiru Bala Karo V. Sahabi Na Balki & Ors (2016) 12 CAR 81
ACTION – Parties to an action in Islamic law – Whether competent witnesses in their case – Halilu Bala & Ors V. Sanusi Dankane (2016) 12 CAR 178
AGENCY – Vicarious liability – Vicarious transfer of criminal liability or agency – Whether recognized by the Nigerian criminal justice system – Musa Yusuf V FRN (2016)12 CAR 37
APPEAL – Appeals from Upper Sharia Court – Where lies when there are no questions of Islamic law – Magaji Garba V Hassan Dogo (2016) 12 CAR 191
APPEAL – Reply brief – Failure to file a reply brief – When can be fatal to the case of the appellant – James Nwagwu V Uche Onyekwere (2016) 12 CAR 151
COURT – Discretion of Court – Whether can be exercised where mandatory term of imprisonment is prescribed by law – Musa Yusuf V FRN (2016) 12 CAR 37.
COURT – Interpreting the continuing nature of damages – What courts must consider – Kwaku V The Polytechnics, Sokoto & Ors (2016) 12 CAR 106
COURT – Sharia Court – Sharia Court applying principles of Islamic law –p Duty on trial judge when party makes a claim denied by his adversary – Halilu Bala & Ors V Sanusi Dankane (2016) 12 CAR 178
COURT – Trial court – When trial court will administer oath of rebuttal – Halilu Bala & Ors V Sanusi Dankane (2016) 12 CAR 178
CRIMINAL LAW AND PROCEDURE LAW – Alibi – Defence of – General defence of alibi without sufficient facts – Whether can avail an accused person – Fagbile Ebenezer V The State (2016) 12 CAR 69
DAMAGES – Interpreting the continuing nature of damages – What courts must consider – Kwaku V The Polytechnic, Sokoto & Ors (2016) 12 CAR 106
EVIDENCE ¬– Admissible – Evidence of near relation of a party – When admissible in favour of that party under Islamic law – Halilu Bala & Ors V Sanusi Dankane (2016) 12 CAR 178
EVIDENCE – Admission or Iqrar under Islamic law – Bindingness of – Halilu Bala & Ors V Sanusi Dankane (2016) 12 CAR 178
EVIDENCE – Evaluation of evidence – Identification of accused person – Ascription of probative value to identification evidence of a witness – What court must consider – Nonso Vincent V The State (2016) 12 CAR 1
EVIDENCE – Proof – Proof of accrual date of cause of action – On whom lies – Nasiru Bala Karo V Sahabi Na Balki & Ors (2016) 12 CAR 81
FUNDAMENTAL RIGHT – Right to fair hearing – Whether connotes that a party must be heard in all events – Halilu Bala & Ors V Sanusi Dankane (2016) 12 CAR 178
ISLAMIC LAW AND PROCEDURE – Izar (allocutus) in Islamic law – importance of – judgment delivered without – Effect of – Halilu Bala & Ors V Sanusi Dankane (2016) 12 CAR 178
ISLAMIC LAW AND PROCEDURE – Oath taking – Oath of rebuttal – When trial court will administer – Halilu Bala & Ors V Sanusi Dankane (2016) 12 CAR 178
ISLAMIC LAW OF INHERITANCE – Jurisdiction of the Sharia Court of Appeal to resolve issues of – Section 277 (1) and (2), Constitution of the Federal Republic of Nigeria 1999, (as amended) – Alu Manu V Muh’d Oro Fanadi (2016) 12 CAR 61
JUDGMENT AND ORDER – Decision of trial court – Absence of valid challenge against same on appeal – Effect of – Uriah Umeh V Francis Nwokedi (2016) 12 CAR 20
JURISDICTION OF SHARIA COURT OF APPEAL – Whether has jurisdiction to determine issues involving title to land – Abubakar Ambursa V Bala Ambursa (2016) 12 CAR 201
LAND LAW – Family Property – Assertion of right of exclusive ownership of a family property – Duty on party who asserts to prove same – James Nwagwu V Uche Onyekwere (2016) 12 CAR 151
PRACTICE AND PROCEDURE – Evidence – Admissibility-Unregistered registrable instrument – admissibility of – Where inadvdertently pleaded or tendered – Consequence of – Where not objected to – Effect of – Skye Bank Plc. & Anor. V Damaris James & Ors (2016) 12 CAR 122

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