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Showing posts from January, 2023

Appellate Hearing: Tips to settle your nerves!

This is just a random post I felt should go out immediately. Perhaps I'll edit in future, but right now, the tips should go out. More often than not, practitioners face their 'first time' before the Court of Appeal or appellate practice in general and seem to get it all mixed up with the 'hearing' process before these courts. The following are some of the tips (mark my words 'some', not 'all') to settle your nerves a bit, while appearing before the Court:  As always, neat appearance, humility and voice are key attributes of a good legal practitioner. They win you respect and honour before the Court. Like I said, I'll keep this short. Please prepare and read your files - even when holding briefs or when a brief has been 'forced' on you. Start your appellate hearing (as appellant's counsel) in the following Order (please these are just random tips) This is an appeal against the Judgment /  Decision of the High Court of ..... State / Fed

How Evidence of Correspondence is Proved

Practice Note:   How Evidence of Correspondence is proved:    SUIT NO. NICN/ABJ/144/2017 AYO OYARERO VS THE BRITISH HIGH COMMISSION   "However this email only shows what the 1st defendants officer Edward Nyong prepared for dissemination to the GPC holder and Approvers in Lagos and Abuja. There is no evidence that this email was ever sent out or received by any one, the law is clear on how the actual delivery of correspondence can be proved. See The law has been well established that in order to prove that a letter was actually delivered to the addressee there must be  proof of receipt and this can be established by (a) dispatch book indicating the receipt, or (b) evidence of dispatch by registered post or evidence of witnesses, credible enough that the person was served with the document. NLEWEDIM Vs. UDUMA [1995] 6 NWLR 309 at p394 para B. followed in AGBAJE Vs. FASHOLA [2008] 6 NWLR (Pt. 1082)1. With regards to email correspondence I find and hold that an acknowledgement email f