Augustine Onuchukwu & Ors V. The State (1998) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C. The three appellants were convicted together with two others by Olike J of Anambra State High Court of the offence of murder, contrary to Section 319 (1) of the Criminal Code. Originally, 8 accused persons were arraigned before the trial…

Timothy Adeilo Adefulu & Ors V. Chief O.o. Okulaja & Ors (1998) LAWGLOBAL HUB Lead Judgment Report BELGORE, J.S.C. The applicant, Timothy Adeilo Adefulu prays as follows:-“(a) An order setting aside the judgment of this Honourable Court delivered on the 13th day of December, 1996 as there was a fundamental defect which goes to the…

Anthony Aruna Braimah V. Alhaja Nimota Abiola Abegbe Abasi & Anor (1998) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. This matter has a chequered history. The action commenced on 14th December 1976 when the plaintiff Alhaja Nimota Abiola Abegbe Abasi (who is now respondent in this appeal) issued a writ of summons in the High…

Alhaji Garba Gidan Kada V. Alhaji Salihu Gidan Yawa (1998) LAWGLOBAL HUB Lead Judgment Report UTHMAN MOHAMMED, J.S.C. This is an appeal by Alhaji Garba Gidan Kada who as plaintiff at Kotorkoshi Area Court sued Alhaji Salihu Gidan Yawa claiming repossession of a farmland which was originally cultivated by one Kado, the plaintiff’s father. The…

NNANYELUGO C. ODUKWE v. MRS. ETHEL N. OGUNBIYI (1998) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. In the High Court of former Anambra State of Nigeria, the plaintiff, who is now the respondent, instituted an action against the appellant, who therein was the defendant, claiming as follows: “1. N500.00 (Five hundred naira) for trespass committed…

Azeez Okoro V. The State (1998) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C.  In this appeal, the appellant questions the affirmation, by the Court of Appeal, of his conviction for murder and the sentence of death passed on him by the High Court of Lagos State. The appellant, the deceased (Rafiu Ikoyi) and PW.1 (Jimoh…

Alhaji Fasasi Olowolagba & Ors V. Abudu Rashidi Bakare & Ors (1998) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. This is an appeal against the judgment of the Court of Appeal, Lagos Division, which had on the 19th day of January, 1995, dismissed the appeal by the plaintiffs from the decision of Sotuminu, J., sitting…

High Chief Albert Sanumi & Ors. V. The Military Governor Of Ondo State & Ors. (1998) LAWGLOBAL HUB Lead Judgment Report UWAIS, C.J.N This is an appeal from the decision of the Court of Appeal, Benin. The appellant were the plaintiffs in the High Court of Ondo State holden at Okitipupa, while the respondents were…

Lawrence Elendu & Ors Vs Felix Ekwoaba & Ors (1998) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C. This is an appeal from the decision of the Court of Appeal holden at Port Harcourt (Coram: Katsina-Alu, Edolie and Onalaja, JJ.C.A.) which on the 6th day of December. 1994 upheld the judgment of the High Court of…

Jacob Ovenseri & Anor V. Ojo Osagiede & Anor (1998) LAWGLOBAL HUB Lead Judgment Report BELGORE, J.S.C. The first plaintiff, Ojo Osagiede, is the “Okaegbe” (head of family) of Osagiede family of Uselu Quarters, Benin and he was the senior brother of late Joel Idada Osagiede. the father of the second plaintiff, Reuben Idada Osagiede.…