Machek Malak and Co. Advocates

Machek Malak and Co. Advocates Advocate of the High Court. LL.B, LL.M/ Legal Consultant

14/02/2026

Legal Term of the Day.
"Nemo Dat Quod Non Habet"
No one gives what they do not have
Definition:
A person cannot transfer a better ownership title than they themselves possess.

21/01/2026

Today's Latin Legal Maxim: Vigilantibus Non Dormientibus Jura Subveniunt (The law Aids the Vigilant, Not those who sleep on their Rights) ⚖️

Your rights are not just merely abstract entitlements or written letters, they are instruments meant to be exercised. So when a person becomes aware of an infringement and yet chooses to do nothing for an unreasonable length of time, the law may refuse to intervene on his behalf.

This is because justice must balance fairness to both parties. If courts were to entertain all claims without adopting this timing, it would expose defendants in several cases to injustice . Not just that, all evidences may have been lost or positions altered due to the claimant’s inaction for an unreasonable length of time.

Delay defeats Equity, so any claimant who delays unreasonably would be denied equitable relief. This principle also operates through the establishment of limitation statutes, which prescribe time limits within which actions must be brought. Once the limitation period expires, the claimant’s right of action is extinguished, regardless of the merit of the case.

These statutes of limitations ensured that litigation is conducted while facts are still fresh and justice can be fairly administered to avoid injustice which can be caused as a result of delay in initiating such action.

📌. Just imagine a tenant whose landlord unlawfully disconnects his water and electricity without justification. The tenant is fully aware of his rights and even complains verbally but takes no formal steps, No official written demand, no lawyer’s letter, no court action and thus waited for several years. If the tenant then approaches the court after an unreasonable delay, seeking equitable relief such as an injunction or damages, the court would refuse to assist him. Athough the landlord’s conduct was initially wrongful, the tenant’s prolonged inaction amounts to indolence thereby activating this principle.

But jf the tenant had acted promptly, the law will step in to protect him. Equity only aids the vigilant and the law is not designed to rescue those who are careless with their rights….

20/01/2026

THE LEGAL CONCEPT OF A CONSENT JUDGMENT.

Consent judgment is a judgment of court based on Consensus or Agreement of the parties in a case.

It arises when the parties to a case comes together and unequivocally agree to terms of settlement amongst them which they mutually refer to the court as basis for the court's judgment.

By their mutual agreement to settle the matter, they have given their consent to the end of the litigation and be bound by their agreement which the court shall pronounce upon.

Usually, it comes before the court by way of filing the agreed terms before the court so that it forms the official record and judgment in the case.

CAN A CONSENT JUDGMENT BE APPEALED AGAINST?

YES, however, the party who want to appeal needs the leave or permission of the court to appeal against a consent judgment, and the appeal must be against the whole judgment.

CAN A CONSENT JUDGMENT BE SET ASIDE?

YES, A consent judgment may be set aside where it is vitiated by fraud or fraudulent misrepresentation, mistake, misconception, or by any other vice which affords a ground for setting aside the agreement. This is because in such circumstances, no true consent judgment binding on the parties exists. Where there was no authority, approval or consent for negotiation, it vitiates the case in such a case.

You have been informed.

20/01/2026

10 CASE LAWS EVERY LAW STUDENTS, GRADUATES AND LEGAL PROFESSIONALS MUST NEVER FORGET.

Major landmark cases serve as the cornerstone of legal principles and reasoning, providing context, clarity, and practical insight into how the law is interpreted and applied. For every law students, graduates and legal professionals, these foundational cases are not just academic requirements but essential tools for mastering legal analysis, and understanding the Nigerian legal system in depth. These list contains several cases needed for building a solid foundation in your knowledge of major legal principles.

1. NASIRU BELLO V. AG OYO STATE (1986) 5 NWLR (Pt. 54) 828:

In this case Nasiru Bello was convicted for armed robbery and sentenced to death by the high Court of Oyo State. But he was killed by the agents of the government before the appeal was to be held. The Supreme Court held that it was a violation of his right to life in SECTION 30(1) OF THE 1979 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA.

2. CARLILL V. CARBOLIC SMOKE BALL CO (1893) 1 QB 256.

This is a English Contract Law case. The carbolic ball advertised a product and set a reward of £100 for anyone who uses it but still caught influenza. Mrs Carlill used the smoke ball and still got the flu. The court ruled in her favour stating that there was a clear binding contract between parties. The action by Mrs Carlill shows she accepted the offer made by the company and she was entitled to the £100.

3. DONOGOHUE V. STEVENSON (1932) AC 562

This decision laid the foundation for the modern law of negligence and introduced the "NEIGHBOR PRINCIPLE IN TORT" placing an obligation on individuals to take reasonable care to avoid acts or omissions which can reasonable forsee would be likely to injure your neighbor.

4. AG ABIA STATE V. AG FEDERATION (2002)

This borders on Constitutional Supremacy. The court held that the Federal Government's powers is derived from the constitution and must be respected. No government can and must act outside the bounds of the constitution.

5. JOSIAH V. STATE (1985)

The accused was charged for murder but wasn't adequately represented and allowed to properly exercise his right to fair hearing. This case publicized the Principle of presumption of innocence, right to a counsel and right to fair hearing in a competent court or tribunal when charged with a criminal offence. It is a major case in Nigeria justice system reinforcing that justice must not only be done but be seen to be done.

6. MADUKOLU V. NKEDILIM (1962) 1 ANLR 587

This case is best known for laying down a proper explanation on the conditions under which a Court is competent to hear a case. It establishes the requirement for the exercise of a court's jurisdiction over matters brought before it.

7. MARBURY V. MADISON (1803)

This case was the first time a court declared a law unconstitutional. It firmly established a court's power of judicial review to strike down laws and government actions that violates the constitution.

8. BROWN V. BOARD OF EDUCATION OF TOPEKA (1954) 347 U.S 483

The defendant was sued for preventing Linda brown's entry into a nearby, all white school. This case established a principle that racial segregation in public schools is unconstitutional but mostly used as the leading case guiding the RIGHT TO FREEDOM FROM DISCRIMINATION regardless of age, s*x and gender which is today provided in SECTION 42 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 as amended.

9. GARBA V. UNIVERSITY OF MAIDUGURI (1986)

It is a landmark supreme court case establishing the constitutional right to fair hearing in Nigeria. In this case, several students were expelled without given a fair hearing and the opportunity to defend themselves. The supreme court ruled in favour of the students holding that fair hearing is a constitutional right and must be observed by all Institutions.

10. R V. M'NAGHTEN (1843)

This is widely known as "THE M'NAGHTEN RULES". It became a standard test for the application of insanity as a defence to criminal charges in many legal systems. It is used as a fundamental rule for the determination of how insanity is used as a criminal defense.

Which of these cases can you succinctly report without errors, help us summarizing them with your commentaries in the comment section.

15/01/2026

Understanding the law protects you from exploitation.

04/01/2026

LEGAL TIP ⚖️

Never sign a contract you do not understand.

A few minutes with a lawyer can save you years of court battles.

03/01/2026

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03/01/2026

I am pleased to officially introduce this page as a platform for sharing legal insights, professional updates, and engagement on matters of law and justice in South Sudan.

⚖️ Advocate of the High Court | Legal Consultant

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