Abiodun V. Odediran V. The State (2006) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. Appellant had been convicted and sentenced on the offence of murder. The Constitution of Nigeria guarantees to the appellant an automatic right of appeal up to the Supreme Court. The record before us shows that this appeal was dismissed by the…

Diokpa Francis Onochie & Ors V. Ferguson Odogwu & Ors (2006) LAWGLOBAL HUB Lead Judgment Report OGBUAGU, J.S.C. The main appeal is against the decision of the Court of Appeal, Benin Division, delivered on 4th April, 2001, allowing the appeal of the defendants/respondents from the decision of the High Court of Delta State sitting at…

Emmanuel Nneji V. Zakhem Con. (Nig.) Ltd (2006) LAWGLOBAL HUB Lead Judgment Report OGUNTADE, J.S.C. The appellant was the plaintiff at the Kaduna High Court, where he claimed against the defendant, damages for breach of contract, arising from the sale and hire of gas cylinders to the defendant. The parties filed and exchanged pleadings after…

Alhaji Isiyaku Yakubu Enterprises Ltd V Mr. S. B. Omolaboje (2006) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. The appeal is really a simple and straightforward one. The Plaintiffs had in the High Court, holden at Yola, obtained judgment against the defendants which states in part:- “… The defendants shall pay the N5,000 and costs…

Alhaji J. A. Odutola & Anor V. Papersack Nigeria Limited (2006) LAWGLOBAL HUB Lead Judgment Report TOBI, J.S.C. The res in this litigation is 44, Eric Moore Road, Iganmu Industrial Estate in Lagos State. The 1st plaintiff, now the 1st appellant, is the original owner of the property. He is the founder and principal shareholder…

Lewis Opara V Dowel Schlumberger (Nigeria) Ltd.& Anor (2006) LAWGLOBAL HUB Lead Judgment Report ONNOGHEN, J.S.C. By his fourth amended statement of claim and defence to counter-claim, the appellant claimed against the respondents in suit No. PHC/611 85 the following reliefs: “30. Accordingly, the plaintiff claims: (a) Pursuant to the Land Use Decree No.6 of…

Associated Discount House Ltd V. Amalgamated Trustees Ltd (2006) LAWGLOBAL HUB Lead Judgment Report PATS-ACHOLONU, J.S.C. This appeal arose from an action filed by the appellant against the respondent. The parties had entered into an agreement whereby the appellant advanced by way of a commercial paper facility the sum of N120m to the respondent’s company…

Union Bank Of Nigeria Plc V. Mr. Olusoji Sogunro (2006) LAWGLOBAL HUB Lead Judgment Report OGBUAGU, J.S.C. This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on 14th February, 2001 whereby it struck out the appellant’s appeal on the ground that it is incompetent as leave was neither sought…

Hon. Muyiwa Inakoju & Ors V. Senator Rashidi Adewolu Ladoja & Ors (2006) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. I have carefully examined the motion for further stay of proceedings and have considered the submissions of learned senior counsel for the appellants-applicants and I do not see any way in granting it, in the…

Alhaji Jimoh Arowolo V. Jimoh Oluwole Akapo & Ors (2006) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C. By way of a motion on notice dated 19th July and filed on 27th July, 2005 the 1st respondent/applicant prayed this court for the following reliefs: “An order that Chief Gafaru Arowolo be substituted as appellant in this…