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HAMMAN & ORS
V.
PUR & ANOR

(2016) JELR 41020 (CA)

Court of Appeal 29 Apr 2016 Nigeria
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Case Details

Suit Number:CA/J/192/2014
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria RIDWAN MAIWADA ABDULLAHI Justice of The Court of Appeal of Nigeria
Counsel:N. A. Dammo, Esq. with him, S. K. Ojo, Esq., A. T. Wakawa (Miss) and N. T. Ciroma, Esq. For Appellant M. Umaru, Esq. For Respondent

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment):I have tagged this determination a Decision by virtue of the provisions of Section 294(2)-(4) wherein every determination by the Justices of the Court of Appeal and the Supreme Court is either a decision or an opinion. Section 318(1) of the Constitution defines a decision to mean, in relation to a Court, any determination of that Court and includes judgment, decree, order, conviction, sentence or recommendation. A Ruling is omitted in the definition under Section 318(1) of the Constitution (supra). What the framers of the Constitution omitted should not be inserted by trial Judges {Section 294(1)} or Justices of the Supreme Court and the Court of Appeal (Section 294(2)-(4) of the Constitution (supra).

In Jurisprudence, 4th edition by R.W.M. Diaz appears the following passage at page 196, citingDavies v. Powell (1737), Willes, 46 at 51 per Willes, C.J. as follows:

When the nature of things changes, the rules of law must change too.…

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