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CASE DIGEST – A VALID SHARE SALE IS INCOMPLETE WITHOUT EXECUTION OF THE SHARE TRANSFER INSTRUMENT AND REGISTRATION OF THE TRANSFEREE

BINEZ HOTELS LIMITED v. BUREAU OF PUBLIC ENTERPRISES & ANOR SUPREME COURT (OGUNWUMIJU; JAURO; SANKEY; OGBUINYA; UMAR: JJ.SC) Binez Hotels Limited (“the Appellant”) acting through Future View Securities Limited (“the 2nd Respondent”) entered into an agreement to purchase 13,000,000 ordinary shares in Nigerian Cement Company Nkalagu Plc, representing 10% of the company’s issued share capital,

CASE DIGEST – BANKS MAY BE LIABLE FOR FREEZING CUSTOMERS’ ACCOUNTS WITHOUT VERIFYING THE DIRECTIVES OF LAW ENFORCEMENT AGENCIES

NPG EVENT, GARDENS & PARKS LTD v. ZENITH BANK PLC COURT OF APPEAL (BOLA; KWAHAR; ONWOSI, JJ.CA) NPG Event, Gardens & Parks Limited (“the Appellant”) maintained a bank account with Zenith Bank Plc (“the Respondent”). A Post No Debit (“PND”) restriction was placed on the account for a period of six months following a directive

CASE DIGEST – A CLAIM FOR THE PAYMENT OF CRUDE OIL SALE PROCEEDS DOES NOT FALL WITHIN ADMIRALTY JURISDICTION

GENERAL HYDROCARBONS LTD v. FIRST BANK OF NIGERIA LTD & ORS SUPREME COURT OF NIGERIA (ABBA AJI; SAULAWA; AGIM; NWAOMA UWA; ABIRU: JJ.SC) General Hydrocarbons Limited (“the Appellant”), having been granted Oil Mining Lease (OML) 120 by the Federal Ministry of Petroleum Resources for a term of twenty years, entered into a Memorandum of Understanding

CASE DIGEST – FOREIGN BANK’S REPRESENTATIVE OFFICE MAY CONSTITUTE AN ESTABLISHED PLACE OF BUSINESS IN NIGERIA

PETER OLUWAFEMI ATOYEBI, SAN v. BARCLAYS BANK PLC & ANOR. SUPREME COURT OF NIGERIA (GARBA; ABUBAKAR; NWOSU-IHEME; TSAMMANI; ABIRU, JJ.SC) Peter Oluwafemi Atoyebi, SAN (“the Appellant”), a private legal practitioner in Nigeria and Ghana and Pastor in charge of Province 2 of the Redeemed Christian Church of God, maintained a bank account with Barclays Bank

CASE DIGEST – ARBITRATION: PARTIES ARE BOUND BY THE OUTCOME OF ARBITRATION TO WHICH THEY FREELY SUBMITTED

CASE DIGEST – ARBITRATION: PARTIES ARE BOUND BY THE OUTCOME OF ARBITRATION TO WHICH THEY FREELY SUBMITTED TXTLIGHT POWER SOLUTIONS LIMITED v. AIICO INSURANCE PLC COURT OF APPEAL (LAGOS DIVISION) (EKANEM; OBIORAH; BASSI, JJ.CA) TXTLight Power Solutions Limited (the Appellant) and AIICO Insurance PLC (the Respondent) entered into an Industrial All-Risk Insurance Policy under which

CASE DIGEST – ARBITRATION: THE LAW DOES NOT RECOGNISE LIFE TENURE FOR MANAGING DIRECTORS OR BOARD CHAIRMEN

CASE DIGEST – ARBITRATION: THE LAW DOES NOT RECOGNISE LIFE TENURE FOR MANAGING DIRECTORS OR BOARD CHAIRMEN U.O.O. (NIG.) PLC v. OKAFOR & ORS. SUPREME COURT OF NIGERIA (RHODES-VIVOUR; PERTER-ODILI; NWEZE; AUGIE; EKO, JJ.SC) U.O.O. (Nig.) Plc (the Appellant) was founded by the late Nze Uche Okafor who had seven wives and fifty-five children. Prior

A COMPANY UNDER RECEIVERSHIP RETAINS THE RIGHT TO CHALLENGE THE RECEIVERSHIP THROUGH COUNSEL OF ITS CHOICE

COMPANY UNDER RECEIVERSHIP RETAINS THE RIGHT TO CHALLENGE THE RECEIVERSHIP THROUGH COUNSEL OF ITS CHOICE NECONDE ENERGY LIMITED v. FBNQUEST MERCHANT BANK LIMITED & 4 ORS SUPREME COURT OF NIGERIA (GARBA; AGIM; TSAMMANI; ADAH; IDRIS, JJ.SC) Nestoil Limited (3rd Respondent) became indebted to a consortium of banks under a syndicated arrangement, albeit structured as bilateral

CASE DIGEST – ARBITRATION: ARBITRAL AWARD; ENFORCEMENT OF ARBITRAL AWARD; DOES THE FEDERAL HIGH COURT HAVE THE AUTHORITY TO ENFORCE AN ARBITRAL AWARD AS JUDGMENT OF A TRIAL COURT?

CASE DIGEST – ARBITRATION: ARBITRAL AWARD; ENFORCEMENT OF ARBITRAL AWARD; DOES THE FEDERAL HIGH COURT HAVE THE AUTHORITY TO ENFORCE AN ARBITRAL AWARD AS JUDGMENT OF A TRIAL COURT? NIGERIAN NATIONAL PETROLEUM CORPORATION v. FUNG TAI ENGINEERING COMPANY LIMITED SUPREME COURT OF NIGERIA (KEKERE-EKUN; AUGIE; ABBA-AJI; GARBA; JAURO, JJ.SC) Pursuant to an arbitration clause in

CASE DIGEST – TRADEMARK: TRADEMARK REGISTRATION; INFRINGEMENT; HOW IS A TRADEMARK INFRINGMENT DETERMINED?

CASE DIGEST – TRADEMARK: TRADEMARK REGISTRATION; INFRINGEMENT; HOW IS A TRADEMARK INFRINGMENT DETERMINED? INTERNATIONAL TOBACCO (NIG.) LTD. & ORS. v. OLOLADE OGUNNIYI; RONKE OGUNNIYI; JOHANN WILHELM VON. EICKEN GMBH – (Interested Party) v. BRITISH AMERICAN TOBACCO (NIG.) LTD. & ANOR. SUPREME COURT OF NIGERIA (KEKERE-EKUN; GARBA; OGUNWUMlJU; SAULAWA; JAURO, JJ.SC) Background Facts British American Tobacco

CASE DIGEST – PROPERTY LAW: ADMINISTRATION OF ESTATE; CAN AN ADMINISTRATOR /TRIX ADMINISTER PROPERTY NOT COVERED BY THE GRANT OF LETTERS OF ADMINISTRATION?

CASE DIGEST – PROPERTY LAW: ADMINISTRATION OF ESTATE; CAN AN ADMINISTRATOR /TRIX ADMINISTER PROPERTY NOT COVERED BY THE GRANT OF LETTERS OF ADMINISTRATION? MRS. JEMILAT FOLARIN v. MR. FARAJDEEN AYODELE AGUSTO (surviving administrator of the Estate of Late L. B. Agusto) SUPREME COURT OF NIGERIA(ARIWOOLA; OKORO; AUGIE; ABUBAKAR; AGIM, JJ.SC) Background Fact The original plaintiffs (now