Paul Edem V. Canon Balls Ltd. & Anor (2005) LAWGLOBAL HUB Lead Judgment Report S.A. AKINTAN, J.S.C. The respondents, as plaintiffs, commenced this action against the appellant, as defendant, at Calabar High Court in Cross River State. Their claim, filed as suit No. C/446/94, was “for a return, refund, restitution or repayment of the liquidated…

Patrick D. Magit V. University Of Agriculture, Makurdi & Ors (2005) LAWGLOBAL HUB Lead Judgment Report OGBUAGU, J.S.C. The case leading to this appeal, commenced at the Benue State High Court sitting at Makurdi under the Fundamental Human Rights (Enforcement Procedure) Rules, 1979 wherein, the appellant sought leave to apply for a judicial review, to…

Felix Onuorah V. Kaduna Refining & Petrochemical Co. Ltd (2005) LAWGLOBAL HUB Lead Judgment Report AKINTAN, J.S.C. The appellant, as plaintiff, commenced this action at the Federal High Court, Kaduna as suit No. FRC/KD/CS/7/96 against the respondent, as defendant. His claim was for: “(a) An order of court declaring the purported price increase/review of the…

Madam Alice Chiatogu Amadi V. Charles Orisakwe & Ors (2005) LAWGLOBAL HUB Lead Judgment Report AKINTAN, J.S.C. The dispute that led to this appeal arose over a piece of land situated at 27 Mbaise Road, Owerri in Imo State. The original plaintiff in the case was Lawrence A. Amadi, who died while the trial was…

Monsuru Solola & Anor. V. The State (2005) LAWGLOBAL HUB Lead Judgment Report EDOZIE, J.S.C. The 1st and 2nd appellants as 1st and 2nd accused persons respectively, together with two others, namely Latifu Solola (3rd accused) and Kabiru Solola (4th accused) were initially jointly arraigned at the High Court of Justice, Abeokuta on a two…

Broad Bank Of Nig. Ltd. V. S. Olayiwola & Sons Ltd. & Anor (2005) LAWGLOBAL HUB Lead Judgment Report PATS-ACHOLONU, J.S.C. The appellant had instituted an action by writ of summons against the respondents who lives outside the jurisdiction of Lagos State and on the same day filed an ex-parte application praying for leave of…

Emmanuel Olamide Larmie V. Data Processing Maintenance & Services Ltd (2005) LAWGLOBAL HUB Lead Judgment Report W.S.N. ONNOGHEN, J.S.C. The appellant instituted an action against the respondent in the High Court of Lagos State claiming the following reliefs in paragraph 27 of the statement of claim: “27. In view of the defendant’s aforesaid breaches more…

Alsthom S. A. & Anor. V. Chief Dr. Olusola Saraki (2005) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C. This is an appeal and cross-appeal against the majority judgment of the Lagos Division of the Court of Appeal sitting in Lagos (Coram:- Sulu-Gambari, Kalgo, JJCA, as they were then) delivered on the 11th day of August,…

Dodo Dabo V. Alhaji Ikira Abdullahi (2005) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C. This is an appeal from the judgment of the Kaduna division of the Court of Appeal (Coram: Isa Ayo Salami, Victor A. O. Omage and Joseph J. Umoren, JJ.C.A.) delivered on the 5th of December, 2000 in Appeal No. CA/K10/99 wherein…

Obasi Brothers Merchant Company Ltd. V Merchant Bank Of Africa Securities Ltd (2005) LAWGLOBAL HUB Lead Judgment Report PATS-ACHOLONU, J.S.C. This is an action commenced by the appellant (plaintiff) in which it claimed the sum of N5,040,500.00 (five million, forty thousand, five hundred naira) being the total amount due to the appellant for the 4040…