meaning of preliminary objection

Preliminary Objection is the procedure to be adopted where a respondent opposes to the hearing of an appeal, the purpose of preliminary objection is to terminate the hearing of an appeal in limine either partially or totally. S.P.D.C Nig. Ltd. v. Amadi (2011) 14 NWLR (Pt.1266) 157

Meaning of Garnishee order absolute

A garnishee order absolute means an executed judgment and being a completed act, one wonders how an order of stay can either be ordered or carried out. A.-G; Anambra State v. Okafor (1992) 2 NWLR (Pt.224) 396; Badejo v. Fed. Min. Of Education (1996) 8NWLR (Pt.464) 15

Difference between Murder and Manslaughter

Difference between Murder and Manslaughter Murder is unlawful homicide with malice aforethought. Manslaughter is unlawful homicide without malice aforethought. The term aforethought doesn't necessarily imply pre meditation, but implies intention which must necessarily precede the act intended. Amayo v State (2001) 18NWLR (Pt.745) 251

Parties are bound by the contract they voluntarily entered into and cannot act outside the terms and conditions contained in the contract and neither of the parties to a contract can alter or read into a written agreement a term which is not embodied in it. A court must treat as sacrosanct the terms of an agreement freely entered into by the parties as parties to a contract enjoy their freedom to contract on their own terms so long as same is lawful. The terms of a contract between parties are clothed with some degree of sanctity and if any question should arise with regard to the contract, the terms in any document which constitute the contract are the invariable guide to its intrepretation. A.I.B. Ltd v. I.D.S Ltd (2012) 17 NWLR (Pt.1328) 1; Lagos State Govt. v. Toluwase (2013) 1 NWLR (Pt.1336) 555 Omega Bank (Nig) Plc v O.B.C ltd (2005) 8NWLR (Pt. 928) 547; BFI Group Corp v. B.P.E (2012) 18 NWLR (Pt.1332) 209 Dapsan v. Mangu LGC (2013) 2NWLR (Pt.1338) 203

By the general rules of the common law...it is competent to the parties at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreements, or in any manner add to, substract from or vary or qualify the terms of it and thus make a contract..."

A Novation is a transaction whereby a new contract or new parties to a contract by consent of both paties express or implied is deemed to have been substituted for or with the one originally made, or a material part thereof is added to or materoally amended

Facts have no views. A judgment should always be read in the light of the facts on which the case was decided. The rules of stare decisis do not allow courts to apply the ratio of a case across the board and with little regard to the facts of the case before them. This is because decisions of courts draw their inspiration and strength from the facts which framed the issues for decision and once such decisions are made they control future judgment in like or similar cases, hence the facts of two cases must either be the same or at least similar before a decision in the earlier case can be used in the later case. Emeka v. Okadigbo (2012)18 NWLR (Pt.1331) 55; Fawehinmi v. NBA (No.2)(1989) 2 NWLR (Pt.105) 558