Alhaji Abdulkarim Iyimoga & Ors V. Governor of Plateau State & Ors (1994) LawGlobal-Hub Lead Judgment Report ORAH, J.C.A.  The appellants/applicants by a motion on notice dated the 25th of February, 1994, filed on 1st March, 1994 pursuant to Section 16 Court of Appeal Act, 1976, Order 3 Rule 3(1) of the Court of Appeal…

Alhaja Silifatu Kikelomo Omotayo V. Christopher Ajibola Ogundipe (1994) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A.  When may a conditional leave to defend be given? This appeal raises that main issue. It decides when a trial Judge may, in the exercise of his discretion under Order 11 rule 4 of the High Court of Lagos State…

Ahmadu Musa & Anor V. Anthony Ehidiamhen (1994) LawGlobal-Hub Lead Judgment Report MUHAMMAD, J.C.A.  By a writ of summons issued in the High Court of Borno State, Konduga Judicial Division holden in Maiduguri the plaintiff sued the defendants claiming for a declaration that the defendants are jointly and severally liable to the plaintiff for all…

Babatayo Oni V. Emmanuel Olokun & Anor (1994) LawGlobal-Hub Lead Judgment Report ISA AYO SALAMI, J.C.A. The plaintiffs by writ of summons dated 13th August, 1987 are claiming against the defendant a declaration- “that the land situate lying and being at Ahere (Aiyegbaju) was owned originally by Olumogbe family for the use of Osu Community…

Umoru Yau Enterprises Nigeria Limited & Anor V. Oliver Anugwom (1994) LawGlobal-Hub Lead Judgment Report MUHAMMAD, J.C.A.  Sometime in June 1987 the Plateau State Polytechnic asked one David Habbakkuk to supply it with 16 electric typewriters. He contacted his friend, the second appellant herein, a dealer in typewriters to supply him with same. The second…

Unity Life & Fire Insurance Company Limited V. D. A. Ladega & Ors (1994) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A.  O n 30 December, 1985, the 1st to 5th respondents as plaintiffs, before the High Court, Sagamu, issued a Writ of Summons against 6th to 8th respondents, as defendants, claiming against them jointly and severally…

Babatunde O. Olowu V. Olabowale A. Olowu (1994) LawGlobal-Hub Lead Judgment Report JAMES OGENYI OGEBE, J.C.A.  This is another unfortunate case in which brothers of full blood are fighting over the estate of their deceased father. The respondent sued the appellant in the High Court, Benin claiming as follows:- “(a) a declaration that plaintiff is…

C. Onyemelukwue V. West African Chemical Company Limited & Anor (1994) LawGlobal-Hub Lead Judgment Report TOBI, J.C.A. TOBI, J.C.A. (Delivering the Leading Judgment): The appellant, as plaintiff, claimed from the respondents jointly the following reliefs:- “1. The sum of N2.300500 being loan granted to the 1st defendant/company in December 1987 and guaranteed by the 2nd…

Union Bank of Nigeria Limited V. Francis E. Okenwa (1994) LawGlobal-Hub Lead Judgment Report EMMANUEL OLAYINKA AYOOLA, J.C.A.   By a letter dated 7th February 1980 the appointment of the respondent with the appellant was terminated without notice or payment of salary in lieu on notice by reason of an alleged involvement in fraud which caused…

Universal Trust Bank of Nigeria Limited V. Awanzigana Enterprises Limited (1994) LawGlobal-Hub Lead Judgment Report SAMSON ODEMWINGIE UWAIFO, J.C.A. On 13th March, 1990, at the High Court, Lagos, A. O. Silva, J., gave judgment in a claim based on unauthorised withdrawal of a sum of money from the plaintiff’s account with the defendant. The plaintiff…