judy.legal
Login Register

NANDOM MIRI DASHE & ORS v. NANYAK SALLAH JATAU & ORS

(2016) JELR 37040 (CA)

Court of Appeal  •  CA/J/5/2015  •  8 Feb 2016  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; JOSEPH TINE TUR JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): By virtue of Section 294(1)-(5) of the Constitution of the Federal Republic of Nigeria, 1999 any determination of a Justice of the Court of Appeal or the Supreme Court constitutes a decision?? or an opinion??.

In Section 318(1) of the Constitution, Decision?? means, in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence or recommendation.The word ??ruling?? is excluded from the definition. The legislature does not recognize a ??ruling?? as a determination of trial Judges, Justices of the Court of Appeal nor the Supreme Court. ?In Udoh v. Orthopaedic Hospital Management Board (1993) 7 SCNJ (Pt.2) 436 Karibi-Whyte, JSC held at page 443 as follows:

It is a well settled principle of construction of statutes that where a section names specific things among many other possible alternatives, the intention is that those not named are not intended to be included. Expression uniu…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login