Abayomi Olalekan V. The State (2001) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C.  This appeal came before us for hearing on Thursday 20th September 2001 and after hearing learned counsel for the appellant arguing in favour of the appeal, I summarily dismissed it as lacking in merit and indicated then that I would give my…

Nnanyelugo Orakosim V Menkiti (2001) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. The appellants, as plaintiffs had on 24th February, 1978 sued the respondent, as defendant, claiming- “(a) Declaration of title under Native Law and Custom of all that piece and parcel of land situate at Onitsha and more commonly called “EKE OBAMKPA” land (b)…

Nigeria Engineering Works Ltd V. Denap Limited (2001) LAWGLOBAL HUB Lead Judgment Report KALGO, J.S.C. This appeal is from the decision of the Court of Appeal Port Harcourt, delivered on 17th July, 1997. Originally, there were two separate suits filed in the High Court Port Harcourt which were later consolidated into one. In the first…

Obi Eze V. A.G. Rivers State (2001) LAWGLOBAL HUB Lead Judgment Report S. U. ONU, J.S.C. This is an appeal against the Ruling of the Court of Appeal (Port Harcourt Division) hereinafter referred to shortly as the court below, dated 24th May, 1995, refusing the Plaintiff/Appellant’s application to argue new points of law not hitherto…

Ogunkunle V. Eternal Sacred Order Of C And S (2001) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C.  The plaintiffs (1st and 2nd respondents in this appeal) brought an action in the Federal High Court Lagos originally against the 1st to 11th defendants for themselves and on behalf of other persons falsely claiming to belong to…

Iyke Medical Merchandise V Pfizer, Inc (2001) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C.  This action has its cause in the tort of passing-off. The plaintiffs (now respondents) claim to be entitled to the trademark of a pharmaceutical product, a worm expeller for the treatment of worms in children and adults, known as COMBANTRIN PLUS…

Union Bank Of Nigeria Plc V. E. D. Emole (2001) LAWGLOBAL HUB Lead Judgment Report M.E. OGUNDARE, JSC. The Plaintiff/respondent was at all times relevant to this appeal a customer of the Defendant/Appellant Bank. He maintained a current account at the Factory Road, Aba branch of the Defendant Bank. Sometime in November, 1984, he requested…

Vulcan Gases Ltd. V G.F. Ind. A.G (2001) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C.  This is an appeal against the judgment of the Court of Appeal, Kaduna Division, delivered on the 3rd day of June, 1992 wherein the Court of Appeal affirmed the decision of R. D. Muhammad, J., as he then was, sitting…

Julius Berger Nigeria Plc Vs. R.i. Omogui-2001 LAWGLOBAL HUB Lead Judgment Report A. KALGO, J.S.C. The only issue to be determined in this appeal as formulated by the appellant in its brief and adopted by the respondent is:- “Whether the Appellant’s claim is statute barred by virtue of the provisions of Section 4 of the…

Daniel Madjemu Vs The State (2001) LAWGLOBAL HUB Lead Judgment Report WALI, J.S.C. The appellant. Daniel Madjemu was arraigned before the High Court of the defunct Bendel State sitting in Warri Judicial Division charged with the murder of his wife, Pancake Daniel on or about the 16th day of July, 1984 contrary to section 319…