Log In. Definition of locus classicus. First Known Use of locus classicus , in the meaning defined at sense 1. History and Etymology for locus classicus New Latin.
Keep scrolling for more. Learn More about locus classicus. Share locus classicus Post the Definition of locus classicus to Facebook Share the Definition of locus classicus on Twitter. What was involved in this appeal was an application for interim injunction pending the determination of the substantive suit between the parties.
Based on the affidavit evidence before it both the High Court of Benue State and the Court of Appeal Jos Judicial Division, refused to grant the relief holding that the appellant herein had not made out a strong prima facie case. I think it is pertinent to mention that the appellant is an incorporated entity and was so incorporated on 2nd September, , long before the entry into the hospital on 24th January, by the combined team of Army and Airforce Personnel.
It is also pertinent to mention that both John Ede and Obande Obeya are among the shareholders who subscribed the Memorandum of Association of the appellant company. From the affidavit and papers filed by the 2nd Respondent, it would appear that Obande Obeya had applied and obtained a grant of certificate of occupancy in respect of land on which a Hospital known as Obeya Memorial Hospital stands; that the said hospital is registered under the laws of Benue State; that Obande Obeya appeared before a Panel on Recovery of Public Funds and Property set up by the Benue State Government, and that he was adjudged to owe that Government some funds following a contract which he did not execute.
Section 5 e of that Edict permits the Recovery Panel to-. The contention of the 2nd Respondent is that the appellant is known to them, and that in effect the hospital is the property of Obande Obeya whichcan be seized and dealt with as per the Edict referred to above. Surely the question of who the owners of the appellant are can only be determined in the course of the substantive suit.
It is only then that it would become clear whether it belongs to Obande Obeya, and whether there was an attempt to use the appellant to wriggle out of the alleged indebtedness to the Government.
Other issues that would be determined during such hearing include the question whether appellant was registered in accordance with the hospital law of Benue State and the question whether Obande Obeya is the holder of the land — either by statutory or customary grant of certificate of occupancy — on which the hospital stands. Can it therefore be argued that these issues can be determined at the point when a court is considering a prayer for interim injunction?
Or put another way, can it be said that these issues do not raise serious questions to be tried justifying a grant of injunction to maintain the status quo until such trial? I think not. The principles for the grant of interim injunction have been settled in decisions of the Courts in this country and in England.
See American Cyanamid v. In Kufeji v. Kogbe 1 All N. He said. I think I have said enough to indicate that I think such has been established on the papers and affidavits of the appellant. Then the question was raised that the appellant was not known to the Respondent and had not shown that it was in possession or had entered in the hospital.
It has, however, been held that in an application for interim relief it is not necessary to prove proprietary interest in the property to be protected. All that seems to be needed is proof of lawful occupation with authority of owner. Ojukwu v. Metropolitan Police Commissioner 1 N. R In the instant appeal, John Ede one of the shareholders of the appellant company, deposed as follows in an affidavit. It was not seriously contested by the respondents that the appellant was in occupation when they moved in.
It would seem to me that in all the circumstances of this case the balance of convenience lies in favour of the appellant. As regards the use of force to take possession of the premises, I cannot improve on what has been said by my learned brother Obaseki, J. I too would hope that the Benue State Government would return to the path of due process.
If indeed the panel was convinced that the premises belonged to Obande Obeya did they need to take it in the manner they did? From the papers, there is nothing to show that there was a counter claim against the appellant, nor was there a substantive claim against Obande Obeya.
For these reasons, and the more detailed reasons in the lead judgement, I too would allow this appeal. I hereby endorse all the orders made by Obaseki, J. This appeal is essentially interlocutory. The application also sought for an order compelling the 1st and 2nd respondents herein to restore possession of the hospital to the appellant; and restraining the 1st and 2nd respondents, as well as their agents or servants from passing the possession of the hospital to any person other than the appellant.
The interlocutory application was refused by the High Court. There was an appeal, against the refusal, to the Court of Appeal. That appeal was dismissed and hence the appeal now before this court. The facts of the case have been admirably set out in the judgment of the learned brother Obaseki, J. I entirely agree with the judgment. In dealing with this appeal it is necessary that care is taken not to decide any aspect of the substantive controversy between the parties, which is still pending before the High Court, so as not to prejudice the case of any of the parties.
It is in this regard that I feel obliged not to add anything more to the judgment of my learned brother Obaseki, J. Since it fully represents my opinion on the appeal. Accordingly, the appeal is hereby allowed and the decisions of the lower courts are set-aside. I enclosed the orders contained in the lead judgment. I have had the opportunity of reading in draft the judgment justdelivered by my learned brother Obaseki J. However, I wish to add these few points by way of emphasis only.
The Government of Benue State had since been operating the said hospital. Consequently, the appellant as plaintiff instituted legal proceedings against the respondents as defendants for declarations that the action was unlawful and amounted to trespass. The appellant also sue for damages for trespass and an injunction to restrain the respondents from continuing the said trespass. However, pending the determination of the said action, the Appellant applied for the following orders Inter alia, the learned Chief Judge found that the Appellant had not shown by affidavit evidence that it was really in occupation or possession of the premises forcibly entered into at the time of Government operation.
The application was therefore refused. On an appeal against that decision; the Court of Appeal in Jos similarly found that the Appellant had not made out a strong prima facie case that it was in possession of the premises from which it was forcibly ejected by thegovernment.
The appeal was therefore dismissed. In the appeal before us against that decision, the main issue for consideration was whether the Respondents had any justifiable right in forcibly depriving the Appellant of possession of the said premises with the aid of military personnel before the determination of the pending action.
It was contended by the Appellant that it was at the material time managing the hospital therein; and it was being so, it was entitled to continue to do its job; and could not be evicted save by an order of court. It was also pointed out that the Appellant was an incorporate body which had been in existence since the 2nd of September, , and it did not have to establish any proprietary interest in the property once it was still in possession.
It was therefore maintained that the action taken by the Respondents was not only high-handed, but that it was equally unlawful as being against the Rule of Law.
But the question remains whether the Appellant as a Corporate body has been so found to be indebted to the Government. Even in the case of Chief Obande Obeya, it had not been established at the trial of the substantive action that he was so indebted. The action taken by the Respondents seem to me rather premature. They should have waited until the substantive action had been tried and it has been found that either the Appellant as a corporate body had been indebted to the Government of Benue State; or that even Chief Obande Obeya was so indebted and owned the Appellant company; or that he incorporated the Appellant company to frustrate the effort of the Government in recoveringthe debt owed them.
A Nigerian citizen and indeed any Nigerian Company as a Corporate body in lawful possession of their properties are entitled to protection of those properties under our Constitution; and until they are proved not to be entitled, the Courts as guardians of the Rule of Law will frown at any unlawful invasion of such properties by anyone no matter how highly placed. Chief Emeka O. But during the period of the civil war, it was administered by the Government of Lagos State as an abandoned property and let to G.
Cappa Ltd. When G. When he was threatened with an eviction therefrom by that Government he instituted legal proceedings at the High Court of Lagos to challenge the constitutionality of the decision to do so. While the action was pending, Chief Ojukwu being apprehensive that the Military Governor would use force to eject him without resort to Court process, made an interlocutory application for an interim injunction to restrain the Governor from ejecting him pending the determination of he action.
An ex-parte interim order was first made by the trial judge pending the service of notice and hearing of the application. The order was later discharged after the application was heard and refused.
Thereafter, the Military Governor with over armed policemen, and without an order of court authorising him to do so, moved into the premises and threw Chief Ojukwu into the street. Chief Ojukwu and Ojukwu Transport Ltd. The Governor of Lagos State also asked for a Stay of execution of the order of the Court of Appeal pending the determination of the appeal. The principal question for consideration in that case was whether there was legal and constitutional basis or authority for the action taken by the Governor of Lagos State to eject Chief Ojukwu from the premises, the subject-matter of a pending matter between the parties before the High Court.
Indeed all the authorities are the other way. In the area where rule of law operates, the rule of self help by force is abandoned. Nigeria being one of the countries in the world even in the third world which proclaim loudly to follow the rule of law, there is no room for the rule of self by force to operate.
Once a dispute has arisen between a person and the government or authority and the dispute has been brought before the court, thereby invoking the judicial powers of the state, it is the duty of the governmentto allow the law to take its course or allow the legal and judicial process to run its full course.
The action the Lagos State Government took can have no other interpretation than the show of the intention to preempt the decision of the court. The courts expect the utmost respect of the law front he government itself which rules by the law. The Nigerian Constitution is founded on the rule of law the primary meaning of which is that every thing must be done accordingly to law. More relevant to the case in hand, the rule of law means that disputes as to the legality of acts of government are to be decided by judges who are wholly independent of the executive.
See Wade on Administrative Law 5th Edition p. That is the position in this country where the judiciary has been made independent of the executive by the Constitution of the Federal Republic of Nigeria as amended by Decree No. The judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law.
It is both in the interest of the government and all persons in Nigeria. The law should be even handed between the government and citizens.
The above decision is very much applicable to this case; and I am of the view that it will be vheer injustice and against the rule of law which all justices have sworn to maintain between two litigating parties without fear or favour, affection or ill-will.
In the circumstances, I will also allow the appeal; and make the same orders contained in the lead judgment of my learned brother Obaseki J. I have had the advantage of reading in draft the lead judgement of my learned brother, Obaseki, J.
I am also of the viewthat this appeal ought to be allowed. The appellant instituted an action in the High Court of Benue State Makurdi, against the respondents claiming certain reliefs and after the filing of the action, applied to the court for. At the conclusion of all the submissions made by learned counsel on behalf of the parties, the application was, on the 7th day of May, dismissed by the learned Chief Judge of Benue State.
An appeal to the Court on Appeal was unsuccessful as that court upheld the decision of the trial court. This is a further appeal to this Court. There is no doubt that, as alleged by the appellant, some Army and Airforce personnel, at the instance of the Government of Benue State, invaded the hospital on the 24th January, and forcibly took over possession of the premises.
The approximation approach revealed been reduced by half. The same is valid for rearrangement- that B. This result is sup- indicating dinoflagellate cysts that are a major component ported by B. As marine influence can be the area Brandt Apart from that, increasing amounts excluded for this stage of the Pleistocene at the research of B.
Again, this still suggests diverse environ- the upper parts of the sediment that can be correlated to the mental processes, most likely aeolian activity and meltwater- early Holocene. Against this background long distance trans- erosion, but not as pronounced as before. Synchro- a. It is therefore presumed that the amount of recorded nously with the increase in variety of aquatic species, the B.
Still, a rather sparse local vegetation can be inferred from Pollen evidence of B. As their seeds are distributed by birds Gillham study appears in the record. In contrast to that, a wide range their maximum distribution occurred before that of B.
An increase in maximum amount of Dryas octopetala macrofossils as well the variety of herbaceous plants within BOE-2 is proven as few finds of Saxifraga oppositifolia, Rumex tenuifolius, by macrofossils of Saxifraga oppositifolia, Dryas octo- Potentilla sp. Furthermore, there is pollen evidence of The general pollen concentration almost doubled within Helianthemum sp.
The major part of the increase in concentration is maritima, Caryophyllaceae, Rosaceae, Rubiaceae, Apiaceae determined by Poaceae. According to that, the decrease in and Fabaceae, supporting the interpretation of a vegetation B. A decrease in pollen percentages is not in line sia sp. This effect has also suggested by e. This can This is followed by a general decrease in NAP and a gen- be a result of increased local distribution of Poaceae as well eral Betula pollen maximum.
This division could easily be as increased pollen amounts deriving from long distance made for the dataset presented and assemblage zone BOE Occurrences of Potamogeton filiformis, P. Several thin layers of sand embedded in clayey-silty through a possible growing nutrient input Sarmaja-Kor- gyttja allude to the same process.
The aquatic ecosystem had probably been affected The change in the environment is also reflected in pol- by colder and therewith less favourable conditions.
Pol- len concentration. While the percentages remain unaltered, len evidence of Potamogeton sp. Pollen and mac- record. The resolution seems still too low to finally evaluate rofossil evidence suggest scattered stands of tree birches in this event. Therefore, a subdivision has been neglected. Gerzensee-Oscillation — This is, however, much more The total amount of arboreal and shrub pollen rises to pronounced for B.
However, the presence of Selaginella selagi- len. The similarities of the pollen abundances described by This short-termed event is not visually reflected in the Usinger —cf. Juniperus-Betula nana-Betula pube- sediment but an increase in carbonate content is apparent. In In how far the aquatic ecosystem was affected cannot be particular, the delayed maximum of Juniperus-type pol- evaluated because the analysis of macrofossils has not been len, which can also be observed in the diagram from Ruds conducted on a comparable time resolution.
However, pol- Vedby, Sealand Krog , highlights an association with len of Potamogeton sp. Germany— and dry tolerant species as e. Helianthemum sp. Germany— sp. The increase of B. At the same time, B. Due to the lack of macrofossils, a pres- in Poaceae, Artemisia sp. In this respect, also ence of tree birches is doubted.
This assumption is in line the following Juniperus sp. It is likely that the increase in B. Furthermore, growing and light-demanding plant-community consisting high abundances of B. Rumex sp. Still, scattered groups emphasize the level of distribution of dwarf shrubs in of shrubs such as B. Additionally, an increasing Large quantities of Cyperaceae indet.
Consequently, sedges The dispersal of E. The transition towards the Holocene is reflected in a variety of proxies. Again, the sediment record. The palynological evidence from Potamogeton a , such abrupt changes and the absence of transitional sp.
These hiatuses have been asso- process. These changes tions within the lake. The temporal extend of the a detrital gyttja is reflected in the increase of organic sedi- hiatus is unknown. Whilst the proportion of Poaceae is halved, other helio- The most significant change in contrast to the previous philous species such as Artemisia sp. Thermophilous species such as Urtica General pollen influx has increased six-fold due to erosion.
Navalny, a charismatic lawyer and whistleblower, is travelling the country to promote a tactical voting strategy to oppose pro-Putin candidates in more than 30 regional elections in September. He has been the target of multiple criminal probes, while his Anti-Corruption Foundation is regularly raided by police and investigators.
The incident involving the highest-profile opposition figure in Russia follows other poisonings of Kremlin critics in and outside the country. Britain named two Russian military intelligence agents as suspects after Russian double agent Sergei Skripal and his daughter Yulia were poisoned with nerve agent Novichok in the city of Salisbury in March In , former Russian security service agent Alexander Litvinenko was fatally poisoned with radioactive polonium in a cup of tea in London.
Also the auxiliarly circle is the locus of the feet of the perpendiculars from the foci on any tangent. And yet theism - or monotheism - constitutes a special locus in the history of religion. The lemniscate of Bernoulli may be defined as the locus of a point which moves so that the product of its distances from two fixed points is constant and is equal to the square of half the distance between these points.
We found evidence that recombination contributed to sequence divergence within at least one gene locus. In order that a large part of the field of view may be in focus at once, it is desirable that the locus of the focused spectrum should be nearly perpendicular to the line of vision.
The definitions given above reflect the intimate association of these curves, but it frequently happens that a particular conic is defined by some special property as the ellipse, which is the locus of a point such that the sum of its distances from two fixed points is constant ; such definitions and other special properties are treated in the articles Ellipse, Hyperbola and Parabola.
In Newton's method, two angles of constant magnitude are caused to revolve about their vertices which are fixed in position, in such a manner that the intersection of two limbs moves along a fixed straight line; then the two remaining limbs envelop a conic.
Maclaurin's method, published in his Geometria organica , is based on the proposition that the locus of the vertex of a triangle, the sides of which pass through three fixed points, and the base angles move along two fixed lines, is a conic section.
In the latest version you completely lose the locus of control, you have limited chances of stopping breakaways. We have evidence for point mutations, recombination, gene conversions, and unequal crossing-over within and between homologs at this complex locus. Genetic characterization of the legs at odd angles angles locus , a new mutation causing motor neuron degeneration in a gene dose dependent manner. Summary An indifference curve is a locus of points about which the individual feels indifferent.
Reading speed improves if a new trained retinal locus TRL is established in an area that is more favorable for reading. These results have quite important meaning in the survey of genomic locus which is responsible for radiation hypersensitivity.
While the chicken locus looks similar to the mammalian beta-globin loci at first glance, there are some major differences.Locus Classicus November 14, · "ego autem dico vobis diligite inimicos vestros benefacite his qui oderunt vos et orate pro persequentibus et calumniantibus vos ut sitis filii Patris vestri qui in caelis est qui solem suum oriri facit super bonos et malos et pluit super iustos et iniustos." Matthew 5: An appropriate quote for our time.