THE UNDEFENDED LIST PROCEDURE: AN UNENDING DEBATE ON AN EXPARTE APPLICATION TO PLACE A SUIT THEREUNDER OR OTHERWISE

The Undefended list procedure recently caught my attention while reading through the pages of some new decisions of the apex court, the Supreme Court of Nigeria. Just like other well known procedural aspects of law that refuse to get buried in old reports, the mode of application for an Undefended list is still very much a contention, as it continues to appear over the years. Now in order not to mistaken

LAWAL OSULA V. LAWAL OSULA (1995) 10 SCNJ 84; AN OVERVIEW

By Janet Babajide (Miss) LLB  B.l.

INTRODUCTION

It is generally believed that a person possess the right to make a Will according to his wishes or desire. While this is true, can this right be said to be absolute? What is the position of the Customary Law and Islamic Law in respect of Wills making? To what extent is the Limitation Law applicable to issues of succession under the Customary Law? This case is a decisionof the Supreme Court and borders on succession/inheritance under the Bini Native Law and Custom viz a viz an action therefrom being caught under the tentacles of the Limitation Law of the old Bendel State. An overview of this case seeks to answer all the aforestated questions.

THOUGHTS ON SELECTED ISSUES ON EVIDENCE : THE FATE OF EVIDENCE NOT FRONTLOADED AND THOSE NOT SPECIFICALLY PLEADED

The role of evidence in trials can never be over emphasized. In both criminal and civil suits, evidence stands as the backbone of the trial; the foundation, upon which a party’s case is firmly built or otherwise. To have a solid case therefore connotes having the requisite pieces of evidence to nail it. His lordship, Ndukwe Anyanwu J.C.A while delivering the lead judgment in Kolo v. Lawan (2011) All FWLR (pt. 597) 725 at 744 defined

UNIVERSITY OF LAGOS & ANOR V. AIGORO (1985) 16 (Pt 1) NSCC 88

CASE REVIEW

UNIVERSITY OF LAGOS & ANOR V. AIGORO (1985) 16 (Pt 1) NSCC 88

K. K. Eleja & Co.

By A. O. Mohammad Esq.

15^th March, 2014

“The criteria by which the exercise of a statutory discretion must be judged have been defined in many authoritative cases, and it is well settled that if the discretion has been exercised bona fide, uninfluenced by irrelevant considerations and not arbitrarily or illegally no court is entitled to interfere even if the court had the discretion been theirs might have exercised it otherwise”

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