Alhaja Rafatu Ayorinde & Ors V. Alhaja Airat Oni & Anor (2000) LAWGLOBAL HUB Lead Judgment Report ACHIKE, J.S.C. The appellants as plaintiffs at the Lagos High court instituted this action in a representative capacity (as representing themselves and other descendants of late Gbadamosi Fagbuyi Ayorinde otherwise known as Ayande) against the defendants. They claimed…

L.O. Dike & Ors Vs Dr Osita Aduba & Anor (2000) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. Two actions were pending in different courts between the same parties. One was earlier filed by the respondents as suit No. MO/660/92 in the Magistrates’ Court. Onitsha. The other was filed by the appellants as suit No.…

African Insurance Development Corporation V Nigeria Lng Limited (2000) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. The main question on this appeal is whether a person who is bound under a performance bond by which he undertook to pay to the employer damages in default of performance of a contract by the contractor, is entitled…

Chief Sampson Okon Ito & Anor Vs Chief Okon Udo Ekpe & Anor (2000) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C. This appeal is against the judgment of the court below, wherein that court upheld the appeal of the plaintiffs/respondents in respect of the judgment of the trial court which was delivered in favour of…

Prince Ngene Vs Chike Igbo & Anor. (2000) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. By a writ of Summons issued in November, 1977, Chinyelugo Sylvester Omenagu Igbo sued Prince Ngene, now Appellant before us, claiming declaration of title to a piece or parcel of land known as and called “Onuagu” in Ogui Urban Area…

Deacon J.k. Oshatoba & Anor V. Chief Johnson Olujitan & Anor (2000) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. This is an appeal against the judgment of the Court of Appeal, Kaduna Division which had on the 20th day of April. 1992 allowed the appeal of the plaintiffs from the decision of the appellate division…

Ifeanyi Chukwu (Osondu) Co. Ltd. Vs Soleh Boneh (Nig.) Ltd (2000) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. The main question arising for determination in this appeal is a question of law framed by the parties, as follows: “Whether the Court of Appeal was right in holding that failure (by the appellant) to join the…

Khalil & Dibbo Transport Ltd Vs S.t. Odumade & Ors (2000) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. In this suit filed in the High Court of Lagos State on 26 December, 1985 the plaintiff, now respondent, sought three reliefs, namely: “1. A declaration that the plaintiffis entitled to a certificate of occupancy in respect…

Musa Nagogo Ibrahim Vs Mohammed Sarki Aliyu (2000) LAWGLOBAL HUB Lead Judgment Report U.A. KALGO, J.S.C.  This is a chieftaincy dispute in respect of the stool of the Oriye Rindre of Wamba in the Wamba Local Government Area of Nassarawa State. In February 1991, when the action was filed in the Plateau State High Court,…

Wema Bank (Nig) Ltd & Ors Vs S.U. Odulaja & Ors (2000) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C.  This is an appeal from the decision of Lagos Division of the Court of Appeal. The material facts about this appeal may be stated briefly as follows: The 1st appellant granted a loan to the 2nd…