Okonkwo Okonji (Alias Warder) & Ors. V. George Njokanma & Ors. (1999) LAWGLOBAL HUB Lead Judgment Report ACHIKE, J.S.C The plaintiffs/respondents filed suit No. A/10/73 at the High Court, Asaba in March 1973 and claimed against the defendants/appellants for declaration of title to land, damages for trespass and injunction. The defendants/appellants cross-claim, in similar terms,…

Madam Eunice Enabulele V. Madam Omoyevbese Agbonlahor. (1999) LAWGLOBAL HUB Lead Judgment Report U. ONU, J.S.C.  The appellant who was the defendant in the trial High Court – the High Court of Bendel (now Edo) State holding in Benin City – was sued by the respondent, therein plaintiff, who claimed:- “(a) A declaration that the…

Chief Edwin Obianefo Okeke & Ors. V. Anthony Agbodike & Ors. (1999) LAWGLOBAL HUB Lead Judgment Report M. A. BELGORE, J.S.C. This is an appeal from the decision of the Court of Appeal, Enugu Division, which dismissed the appellants’ appeal against the judgment of the High Court of Anambra State, sitting at Nnewi. The claim…

Ganiyu Badmus & Anor Vs A.O. Abegunde (1999) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. This is an appeal against a judgment of the Court of Appeal, Ibadan Division, given on 8 December, 1988. The Judgment is being contested on a very narrow issue. The trial judge (J.D. Ogundere, J.) sitting at the High Court,…

Akio Abey & Ors. V. Chief Alhaji Ibrahim Fubara Alex & Ors. (1999) LAWGLOBAL HUB Lead Judgment Report O. UWAIFO, J.S.C This appeal deals essentially with the effect of an out-of-court settlement of an action by the parties thereto. There is a peculiarity with such a settlement – even when not made an order of…

Alhaji Awesu Atanda Adeyemi & Ors. V. Chief Simon Moronfolu Olakunri & Ors (1999) LAWGLOBAL HUB Lead Judgment Report A. KALGO, J.S.C In the trial court, the appellants who were the plaintiffs took out a writ of summons against the defendants now respondents seeking the following reliefs:- (i) A declaration that as executors of the…

Salihu Okino V. Yabuku Obanebira & Ors. (1999) LAWGLOBAL HUB Lead Judgment Report I. IGUH, J.S.C The proceeding leading to this appeal was first initiated on the 17th day of Decemher, 1988 at the Upper Area Court of the former Kwara State of Nigeria, holden at Lokoja. In that Court, the Plaintiffs for themselves and…

Segun Ohi Ayewa V. University Of Jos (1999) LAWGLOBAL HUB Lead Judgment Report M. A. BELGORE, J.S.C. Clearly, this is a matter of Master and servant,where master places servant on suspension pending investigation of corruption. Corruption is a serious crime and in the ivory tower, the University, it must not be allowed to linger for…

Calabar East Co-operative Thrift & Credit Society Limited & Ors. V. Etim Emmanuel Ikot (1999) LAWGLOBAL HUB Lead Judgment Report ACHIKE, J.S.C The plaintiff, a shoemaker, was at all material times in possession of a store situate at 10c Barracks Road, Calabar where he kept machines, tools and implements for his shoe-making business. He was…

Alhaji Abdul-salami Teniola & Ors. V. Alhaji Mustapha Olohunkun (1999) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C To put the issues in this appeal in their proper perspective, the events that led to the appeal need to be briefly stated. The respondent, who was plaintiff in the High Court and is so referred to in…