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

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