Lawrence-Ola-Coker

08/07/2025

Stay positive and believe in every single step you take 🙏🏽💪🏽🙌🏼

01/07/2025

✅✅ *RECENT COURT DECISIONS*

*CONOIL PLC v. NIMEX PETROCHEMICALS LTD. & ANOR*

(2025) LPELR-81349(CA)

APPEAL - INTERFERENCE WITH EVALUATION OF EVIDENCE -

*_Whether an appellate court is in as good a position as the trial court to evaluate documentary evidence_*

"Where, however, the evidence involved is documentary, the appellate Court is in as good a position as the trial Court to evaluate the adduced evidence. See GONZEE (NIG.) LTD. VS NERDC (2005) 13 NWLR (PT 943) 634, OLAGUNJU VS ADESOYE (2009) 9 NWLR (PT 1146) 225, EMEKA VS OKOROAFOR (2017) 11 NWLR (PT 1577) 410 and OKORO VS OKORO (2018) 16 NWLR (PT 1646) 506."

✍️ *Copied

30/06/2025

On issues of Pre-action notices

Mobil Producing Nigeria Unlimited v. Lagos State Environmental Protection Agency (LASEPA) & Anor. (2002) 18 NWLR (Pt. 798) 1 at 29

Principle: A pre-action notice is a condition precedent to instituting an action against certain persons or institutions. Failure to comply renders the suit incompetent.

Ratio: The court struck out the suit for failure to serve a valid pre-action notice.

Olaosebikan v. Federal Government of Nigeria & Anor (2009) 15 NWLR (Pt. 1165) 225

Principle: The requirement for pre-action notice must be strictly complied with where it is stipulated. The court has no jurisdiction until this is fulfilled.

National Revenue Mobilization Allocation & Fiscal Commission v. Ajibola Johnson (2019) 2 NWLR (Pt. 1656) 247 SC

Principle: The Supreme Court clarified that where a pre-action notice is statutorily required, it must be complied with. However, once served and pleaded, the defect of non-service can be cured if the defendant does not raise it promptly.

Ezenwa v. K.S.H.S.M.B (2011) 9 NWLR (Pt. 1251) 89

Principle: The court held that pre-action notice is a procedural requirement, not substantive law, but failure to comply can render the action incompetent if raised timeously.

30/06/2025