Discretionary powers of trial court

Related decisions

• BRITISH AMERICAN TOBACCO (INVESTMENTS) LIMITED V. ATTORNEY-­ (2014)→

  Court

  Court of Appeal (Lagos Division)

  Judgment date

  30 June 2014

  Summary of the landmark case British American Tobacco (Investments) Limited v. Attorney General of Lagos State, focusing on the judicial discretion in service.

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  14

  • Conditional appearance→
  • Service outside jurisdiction→
  • appellate interference with exercise of discretion→
  • discretionary powers of trial court→
  • good arguable case test→
  • injunction and nuisance within jurisdiction→
  • interpretation of “may”→
  • lagos state high court (civil procedure) rules, order 8 rule 1(f), (g) and (h)→

• G. N. EDEM V. CHIEF EDMUND I. AKANINWO & ORS (2008)→

  Court

  Supreme Court of Nigeria

  Judgment date

  18 January 2008

  Summary of Edem v. Akaninwo & Ors (2008) addressing court's judgment on amendments, admissibility of evidence and community membership disputes.

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  19

  • 1979 constitution, section 39(2)→
  • Amendment of pleadings→
  • Declaratory relief→
  • Fair hearing→
  • Judicial and judicious exercise of discretion→
  • Miscarriage of justice→
  • admissibility of similar facts→
  • admissions in pleadings→