Chief Gani Fawehinmi V. Col. Halilu Akilu (1988) LawGlobal-Hub Lead Judgment Report AKPATA, J.C.A. Although this case raises the simple question of the principles that should guide the Court in granting or refusing an application for a stay of proceedings, it has brought to sharp focus the recognition of the fact that the facts of…

Sugar Ogiri Ebimotureh & Ors V. Isowei Inekembagha & Ors (1988) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A.  The plaintiffs appealed while the defendants cross appealed against a judgment of Tabai J given on 29 September, 1988 at the High Court, Yenagoa, Rivers State. The reliefs sought by the plaintiffs as finally contained in paragraph 16…

Co-operative & Commerce Bank (Nigeria) Plc V. Mrs. Amadi Rose U. & Ors (1988) LawGlobal-Hub Lead Judgment Report UBAEZONU, J.C.A. The plaintiffs/respondents (hereinafter called “the respondents”) sued the appellant Bank for the sum of N1, 649,290,40 being sundry claims by various individuals as specified in the schedule attached to the statement of claim. The schedule…

Oronto Douglas V. Shell Petroleum Development Company Ltd. & Ors (1988) LawGlobal-Hub Lead Judgment Report MUSDAPHER, J.C.A.  The plaintiff now appellant is an activist in the protection of the environment. He is actively involved in the protection of the environmental rights promotion of waste management and generally safe and sustainable environment. He claims to be…

African Continental Bank Limited V. Alexander Ilukwe Egbunike & Anor (1988) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A.   The appellants were the plaintiffs in the lower Court. They had claimed from the defendants jointly and severally as follows:-“(1) The sum of N800,312.28 (Eight hundred thousand, three hundred and twelve naira, twenty eight kobo) balance of overdraft…

Archibong Ekpanya V. Grace S. Akpan & Ors (1988) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A.  It seems to me two main issues arose for a decision in the court below. The first is the correct procedure to be taken when a defendant decides not to call evidence in a civil case. In this particular case…

Elsie Agba & Anor V. Samuel Okogbue (1988) LawGlobal-Hub Lead Judgment Report OWOLABI KOLAWOLE, J.C.A.  In this application, the Defendants who have appealed to the Supreme Court against the decision of this Court are asking for a stay of execution of the said judgment on the familiar grounds namely:(1) That the enforcement of the judgment…

Robert C. Okafor & Ors V. The Attorney-general and Commissioner for Justice Anambra State & Ors (1988) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A.  This ruling is upon two applications both of which were brought by applicants who were the plaintiffs in the lower court. The first of the applications was filed on 17th March, 1987…

Chief Nelson T. Gbe V. Apostle Paul Selede Esewe & Ors (1988) LawGlobal-Hub Lead Judgment Report OMO, J.C.A.  In this application the respondent/appellant is seeking leave of this court to appeal against two rulings/decisions delivered by the Warri Division of the Bendel State High Court presided over by Honourable Justice Omoluabi on the 16th February,…

Bertrand Nnonye V. Chief D. N. Anyichie & Ors (1988) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A. The 3rd respondent applicant contested the Local Government Election held on 12 December, 1987 for the office of councillor for Ifite-Ukpo Ward in the Njikoka Local Government Area. He was declared elected as councillor into the Njikoka Local Government…