Category: Civil Litigation
-
Understanding How to Claim Special Damages in a Breach of Contract Case: A Review of the Supreme Court’s Decision in Ajigbotosho v. Renolds Const. Co. Ltd (2019) 3 NWLR (Pt. 1659) 287
Introduction In a breach of contract claim, damages fall into two broad categories: general and special. While general damages are presumed to flow naturally from the breach, special damages are exceptional; they are losses that do not necessarily arise as a matter of course from the act complained of. In UBA Plc v. Ogundokun (2009)…
-
Remedies Available to Aggrieved Minority Shareholders in a Company: A Review of the Supreme Court’s Decision in Mainstreet Bank Registrars Ltd and ors v. Temitope O. Oshinuga (2024) LPELR-62980 (SC)
Introduction A fundamental principle of company law is that a company is a separate legal entity distinct from its shareholders and directors. This distinction raises an important question: who has the right to sue when a wrong is committed against the shareholders or the company? Section 341 of the Companies and Allied Matters Act 2020…
-
Does an Arbitration Clause Apply When Liability is Admitted? A Review of the Supreme Court’s Decision in Sembcorp Eng. Pte Ltd -v- IPCO (WA) Holdings Ltd & Anor (2024) LPELR-62984 (SC)
Introduction The general rule is that where an agreement contains an arbitration clause, the courts shall respect the sanctity of the arbitration clause by staying the court proceedings and referring the parties to resolve their dispute by arbitration. However, the courts will only refer a matter to arbitration in line with the agreement of the…
-
UNDERSTANDING THE CONCEPT OF DURESS IN CONTRACTS: AN ANALYSIS OF THE SUPREME COURT’S DECISION IN SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD & 6 ORS V E.N. NWAWKA (2003) 6 NWLR (Pt. 815) 184
INTRODUCTION The definition of the word “duress” was brilliantly defined by Ekpe JCA in Calabar Central Co-operative Thrift & Credit Society & 2 Ors v Bassey Ebong Ekpo (2001) 17 NWLR (Pt. 743) 649 at 675 as follows: “The word duress is defined as any unlawful threat or coercion used by a person to induce…
-
Can a Statutory Employment be Terminated for a Reason Not Stated in the Termination Letter? A Review of the Decision in Mr Obidah Ibrahim Dakat v. FRSC & 2 Ors (Unreported, Suit No. NICN/JOS/38/2023, judgment delivered by the National Industrial Court on 20 August 2025)
INTRODUCTION The special and unique nature of employment law often appears to be a challenge to both employers and employees, and it is more pronounced in cases of public service, as it is governed under a distinct pattern and expectation. The recent judgment in Obidah Ibrahim Dakat v. The Federal Road Safety Commission & Ors…
-
UNDERSTANDING THE FORFEITURE OF PROPERTIES TO THE FEDERAL GOVERNMENT: A REVIEW OF THE COURT OF APPEAL’S DECISION IN ALISON-MADUEKE -V- E.F.C.C (2024) 1 NWLR (PT. 1918) 101
Introduction In recent years, public notices by the Economic and Financial Crimes Commission (EFCC) announcing the forfeiture of properties to the Federal Government have become increasingly common. It is also not unusual to see an inscription in red ink on the fence of a property announcing that the EFCC has taken over the property by…
-
Essential Tips for Prosecuting a Divorce or Child Custody Lawsuit Against a Sociopath or Narcissist in Nigeria
Introduction Divorce and child custody lawsuits can be incredibly challenging, especially when dealing with a sociopathic or narcissistic partner. In my sixteen years of experience in handling high-conflict lawsuits, I have seen firsthand the damaging effects of narcissistic behaviour on partners and children. While I plan to use the terms “sociopath” and “narcissist” interchangeably, it…
-
ESSENTIAL STEPS TO TAKE IF YOUR SPOUSE LEAVES WITH YOUR CHILDREN
There are several signals that the crash of a marriage is imminent, and one of them is when a spouse suddenly leaves the matrimonial home with the children of the union without any intention of returning. Here are some steps you can take if your spouse leaves your matrimonial home with the children of the…
-
FIVE COMMON MISTAKES PARTIES MAKE DURING CHILD CUSTODY DISPUTES
As a law firm that regularly handles high-conflict family and commercial disputes, we frequently encounter heart-wrenching stories of individuals involved in custody battles. Child custody lawsuits can be incredibly challenging, and it becomes even more complex when young children are involved, and both parties want custody. Amidst their desire to maintain close relationships with their…