Mrs. Florence Omotayo Labode V. Dr.godfrey Otubu & Anor (2001) LAWGLOBAL HUB Lead Judgment Report UWAIS, C.J.N This is an interlocutory appeal from the decision of the Court of Appeal, Lagos Division. The appellant was the plaintiff in a suit brought in the High Court of Lagos State, sitting in Lagos; while the respondents were…

Daniel Bassil & Anor V. Chief Lasisi Fajebe & Anor (2001) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C By the time this matter reached this court the main question has been narrowed down to a short one; namely, whether judgment entered for the respondents on their claim for damages for trespass and injunction can be…

Medical And Dental Practitioners Disciplinary Tribunal V. Dr. John Emewulu Nicholas Okonkwo (2001) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. Of the several issues raised by this appeal the central issue is whether a medical practitioner is guilty of infamous conduct when in defence to the patient’s religious objection to blood transfusion, he failed either…

The Chairman, National Population Commission V. The Chairman, Ikere Local Government & Ors (2001) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. The main question in this appeal is whether the procedure adopted by the Census Tribunal in trying on affidavits the complaint brought before it by the respondents pursuant to the National Population Commission Act…

United Spinners Nigeria Ltd V Chartered Bank Ltd (2001) LAWGLOBAL HUB Lead Judgment Report UWAIS, C.J.N. This is an interlocutory appeal from the decision of the Court of Appeal, Lagos Division (Musdapher, JCA, Uwaifo, JCA, as he then was, and Pats-Acholonu, JCA). The facts of the case, which are not in dispute, are briefly as…

Lt. General Ishaya Rizi Bamaiyi (Rtd.) Vs Attorney-general Of The Federation & Ors (2001) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C. The main issue in this appeal is whether the Court of Appeal has any discretion under section 295(2) of the 1999 Constitution of the Federal Republic to refuse to answer a question referred to…

S. O. Igbinokpogie Vs George Ogedegbe (2001) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. The respondent herein George Ogedegbe was the plaintiff at the Benin City High Court in Suit No. B/126/78. His claim against the defendants/appellants herein was for the following reliefs as contained in his further amended statement of claim. “(a) A declaration…

Oyefolu Vs. Durosinmi (2001) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C. The dispute over succession to the stool of Osolu of Irewe gave rise to this appeal. The appeal is from the decision of Lagos Division of the Court of Appeal. The chieftaincy dispute led the plaintiffs, who hereinafter shall be referred to as the…

Mohammed Oladapo Ojengbede V. M. O. Esan (Loja-oke) (2001) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C.  The proceedings leading to this appeal were first initiated on the 8th day of September, 1982 in the High Court of Justice of Oyo State, holden at Ilesha. In that court, the plaintiff claimed against the defendants jointly and…

Dr. Timothy N. Menakaya Vs Ann Okwuchukwu Menakaya (2001) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C. This appeal came up for hearing on Tuesday the 3rd of July, 2001. After reading the briefs of argument and hearing the oral submissions of counsel this court unanimously allowed the appeal and dismissed the cross-appeal filed by the…