Names of Counsel that should appear in judgement of court; highlighting the
Ordinarily, the concerned part of the decision of
As it is my style, I will once again, lead my audience into the facts of the case under this spotlight for the necessary appreciation of the court's ratio as to the names that ought to appear in judgment of courts.
As borne by the judgment, during the pendency of Appeal Number: CA/L/873/2013, Dr.
"In his brief of argument, appellants' counsel was silent on the contemptuous conduct of the appellants by demolition of the property. It is the duty of counsel to exhibit high level decorum and candour and fairness to the court and to other lawyers ... counsel appearing before any court owes a bounden duty to be diligent, treat, the court with respect, honesty and mutual courtesy..."
Dissatisfied with the omission of their counsel's name in the judgment and the uncomplimentary remark of the presiding Justice, the appellants filed an application at the same court, for an order "reviewing and/or varying and/or annulling part of the judgement" to show that Mr. E. Nwonu holding the brief of Dr.
In ruling on the application, Augie, JCA (now JSC) held thus:
"Now the applicants are urging us to review and/or vary and/or annul part of the judgment to reflect three things... The third which is to vary the judgement to show that the said Dr.
From the foregoing decision which, to my knowledge, is yet to be set aside by the Supreme Court, the prevalent practice in judgment writing which lists the name of counsel present at judgment delivery at the expense of counsel who conducted the case or adopted the final address, ought to be relegated to the background on the strength of this 2016 but extant position of the
I however hope this decision doesn't open a floodgate of applications for the correction of judgments and rulings which have omitted the names of counsel who argued the briefs or adopted the final addresses at the respective courts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Mr
49,
Moloney
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