grounds of law, facts and mixed law and facts

In giving a distinction between a ground of law and a ground of fact of mixed law and fact, the Supreme Court had evolved certain principles that would assist the courts. A question of law connotes one of three meanings to wit: (a) a question a court is bound to answer in accordance with a rule of law; or (b) a question which explains what the law is; or (c) a question which normally answers questions on law only and invariably, falls within the judicial power of a judex to answer. Contrariwise, a question of fact denotes one of three meanings, viz:- (a) a question which is not determined by a rule of law; or (b) any question except one as to what the law is; or (c) any question which is to be answered by the Jury and not the Judge. Thor Ltd. v. F.C.M.B Ltd (2002)4 NWLR (Pt.757)427; FBN Plc v. T.S.A Ind.Ltd. (2010) 15 NWLR (Pt.1216) 247; General Electric Co. v. Akande (2010) 18 NWLR (Pt.1225) 596; Abubakar v. Waziri (2008) 14 NWLR (Pt.1108)507; Ugboaja v. Akitoye-Sowemimo (2008) 16 NWLR (Pt.1113) 278

Jurisdiction and competence of action

Jurisdiction is the authority of a court to entertain a matter pre sented before it. A competent action infuses jurisdiction into a court and makes it amenable to adjudication. The converse is true. An incompetent suit dispossesses a court of the jurisdiction to entertain it. Put strictly, the competence or incompetence of an action is a jurisdictional issue. There is therefore no distinction between jurisdiction and competence of action. Madukolu v. Nkemdilim (1962) 2 SCNLR 341

whether litigant can appear as legal practitioner for himself and co- litigant

A litigant who is a legal practitioner conducts his case as a litigant,not as a legal practitioner representing himself,, the litigant. Thus,a person cannot appeal both as a person, and as a counsel for himself. There cannot be a mixture of the two characters. Hence a litigant who is a legal practitioner cannot represent a co-defendant, because he is also not appearing as a legal practitioner, but as a litigant. On the other hand, a litigant who is a legal practitioner has the right like any other litigant to engage the services of a legal practitioner to represent him. Fawehinmi v. NBA (No . 1 ) ( 1987 ) 2NWLR (Pt.105)494

meaning of preliminary objection

A preliminary objection as the name implies is an objection preliminary to the hearing of an appeal, hence a challenge to the competence of an appeal. It is a terminal legal weapon employed by counsel tot truncate even the most meritorious claims. The purpose of a preliminary objection to an appeal is to contend that the appeal is incompetent and fundamentally defective, which if it succeeds, would put an end to the appeal. Hence preliminary objections are inappropriate where even if they succeed will not terminate the appeal. A motion on notice should be used instead. NEPA v. Ango (2001) 15 NWLR (Pt.737) 627; Odunukwe v. Ofomata (2010) 18NWLR (Pt.1224)404; Mohammed v. Military Administrator Plateau State (2001) 18 NWLR (Pt.744)183

era of delaying tactics

I have to state at least to decry the practice that has unfolded before this court in this application, documents and arguments seeking to persuade the court to go along as that of a deployment of tricks of a trade to frustrate or stultify through seductive arguments the right properly inuring to a party. This practice has to stop and a party has to know where to pull the brakes and fulfill obligations it has a duty to do and to comply with court orders such as the Garnishee Order Absolute. The administration of justice has no room for dribbling as usually seen in football fields of play while a successful party is made to suffer when justice is on its side. Okafor v. Nnaife (1987) 4 NWLR (Pt.64) 129 at 137; NNPC v. Famfa Oil Ltd. (2009) 12 NWLR (Pt.1156) 462 at 481

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