Category: Commercial Litigation
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Can an Employer Suspend an Employee Indefinitely Without Pay? A Review of the National Industrial Court of Nigeria’s Decision in Mr James Dada v. Dee-Pee Global Packaging Limited (Unreported Suit No. NICN/IB/31/2022) Judgment Delivered by Hon. Justice J.D. Peters on 13 January 2025
Introduction: A recurring issue in many employment relationships in Nigeria is whether an employer can suspend an employee indefinitely without pay. While the Nigerian Courts have, on many occasions, held that an employer lacks the implied contractual right to suspend its employees indefinitely without pay on disciplinary grounds, the issue of suspension without pay continues…
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A New Dawn for the Nigerian Judiciary: Reflections on the Supreme Court (Mandatory Upload of Electronic Copies of Processes, Record of Appeal, and Other Matters) Practice Directions, 2026, and the Rollout of the Nigerian Case Management System (NCMS)
Introduction: On Monday, 29 June 2026, I attended a panel discussion on “Enhancing Justice Delivery Through E-Filing and Virtual Hearings—Opportunities, Challenges, and Implementation” at the ongoing NBA Lagos Law Week, which was very frank and interesting. During the discussion, Hon. Justice Kashim Zannah, the Chief Judge of Borno State, spoke glowingly of the positive impact…
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Will a Notice to Quit Still Be Valid if the Tenant Pays Rent After Its Issuance? Lessons from the Supreme Court’s Decision in Pillars Nigeria Limited v. William Kojo Desbordes & Anor (2021) 12 NWLR (Pt. 1789) 122
Introduction There are many reasons why a property owner would issue a Notice to Quit to its tenant or lessee in respect of a property. However, one of the most common reasons is the tenant’s failure to pay rent promptly. Based on this fact, many tenants often mistakenly assume that a Notice to Quit will…
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Can an Estate Residents’ Association or its Security Service Provider Be Liable for a Burglary in the Estate? A Review of the High Court’s Decision in Obioha v. The Registered Trustees of Osborne Estate Property Owners & Residents Association, Lagos & Anor (Judgment delivered on 4 May 2026 by Hon. Justice K.A. Ajose (Mrs))
Introduction The increasing popularity of gated estates in Nigeria is largely driven by the prospect of enhanced security for residents and their properties. Many residents accordingly rely heavily on their residents’ associations, and on the security personnel that those associations engage to maintain effective access control and safeguard lives and valuables within such estates. Recent…
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Can an Estate Agent Claim Commission Without a Letter of Engagement? Lessons from the Supreme Court’s Decision in Ojo v. SDV Nigeria Limited (2025) LPELR-81498(SC)
Introduction A major issue that usually arises in almost every real estate transaction in Nigeria is the entitlement of estate agents to commission. In many cases, it is difficult to determine what actions usually entitle an estate agent to a commission on a transaction. Does the mere appointment of an estate agent to market a…
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Transferring Property by Deed of Gift: What Nigerian Law Requires
Introduction Property owners often bestow gifts on others as expressions of love, loyalty, appreciation, or as a means of distributing assets during their lifetime. Where a gift is not made under customary law, its validity and enforceability depend on the existence of a Deed of Gift between the donor and donee. A Deed of Gift…
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Can a Company be Held Vicariously Liable for an Action of its Independent Contractor? A Review of the Supreme Court’s Decision in Total Exploration & Production (Nig.) Ltd v. Okwu & Ors LPELR-62623(SC)
Introduction: It is common practice for Nigerian companies to engage independent contractors to execute certain aspects of their operations. However, a major issue that usually arises in this sort of relationship is: to what extent would the employer be liable for the actions of its independent contractors? The Supreme Court addressed this question directly in…
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Understanding the Mortgagee’s Power to Sell a Mortgaged Property: Key Lessons from Akindele v. Abe (2021) 17 NWLR (Pt. 1804) 1
Introduction One of the common areas of dispute in commercial transactions is the right of a Mortgagee to exercise its power of sale of a mortgaged property following the Mortgagor’s failure to repay a loan. In the case of Akindele v. Abe (2021) 17 NWLR (Pt. 1804) 1, the Supreme Court squarely addressed this issue.…
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Can an Employee be Punished Twice for the Same Misconduct? A Review of Skye Bank Plc v. Adegun (2024) 15 NWLR (Pt. 1960) 1
Introduction An employment relationship may be terminated at any time by either party in accordance with the contract of employment, subject to applicable notice requirements. However, when an employer dismisses an employee for gross misconduct, special rules apply. Nigerian courts have long held that an employer has an inherent right to dismiss for gross misconduct…
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A Data Privacy Breach is Now Enforceable as a Constitutional Right: An Analysis of the High Court of Lagos State’s Judgment in Bonje v Guaranty Trust Bank Plc, Suit No: LD/18950MFHR/2024 (Unreported)
Introduction Following the gains made by the Nigeria Data Protection Regulation 2019 towards creating an enforceable legal framework for the protection of data privacy rights in Nigeria, the Nigerian Legislature enacted the Nigeria Data Protection Act 2023. The Nigeria Data Protection Act 2023 (subsequently referred to as the “NDPA 2023” or “the Act”) strengthens privacy…