A. I. C. Limited V. Nigerian National Petroleum Corporation (2005) LAWGLOBAL HUB Lead Judgment Report EDOZIE, J.S.C. In 1980, the appellant, a Nigerian Company entered into an agreement with a German Company (Mannesmann – Anlagebau A. G.). Under the terms of the agreement, exh. “B” (hereinafter referred to as ‘Commission Contract’) the appellant was to…

Okachi Azuokwu V. Tasie Nwokanma & Anor (2005) LAWGLOBAL HUB Lead Judgment Report KALGO, J.S.C. This is an appeal from the decision of the Court of Appeal, Port Harcourt, delivered on 4th April, 2000. The case started at the Customary Court, Isiokpo, Rivers State, where the 1st respondent and one Udom Njoku as plaintiffs, on…

Mkpen Tiza & Anor. V. Iorakpen Begha (2005) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C. In the Grade 1 Area Court of Sankara, Benue State of Nigeria, in suit No. SAC/17/95, the plaintiff claimed against the defendant jointly and severally as follows:- “(i) declaration of title to the land; (ii) an order of perpetual injunction…

Dr. Jonathan Cookey V. Mrs. Evangeline Fombo & Anor (2005) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. The plaintiff in paragraph 14 of her statement of claim which superceded the writ of summons, claims as follows:- “Wherefore the plaintiff claims against the 1st defendant and 2nd defendant jointly and severally for – (a) Declaration that…

V. M. Iloabachie V. Benedict Iloabachie (2005) LAWGLOBAL HUB Lead Judgment Report C. PATS ACHOLONU, JSC The Appellant had instituted an action against the Respondent for defamation or publishing a document which he complained had libelled him. The alleged libellous statements were said to have been published by the Respondent sequel to a compliant by…

Kano Textile Printers Ltd V. Gloede And Hoff (Nig) Ltd (2005) LAWGLOBAL HUB Lead Judgment Report D.O. EDOZIE, JSC Apart from the objection to the competency of this appeal, the narrow and the only issue canvassed in the appeal relates to the fairness of the trial in the court of first instance being the Kano…

Alhaji Sabiriyu Shittu V. Otunba Oyewole Fashawe (2005) LAWGLOBAL HUB Lead Judgment Report S.M.A. BELGORE, JSC The appellants were Plaintiffs in the High Court of Anambra State sitting at Nnewi Judicial Division. The land in dispute called by plaintiffs as Okpukpite was acquired by their ancestors by conquest about four hundred and fifty years ago.…

Chief J.A.ademeso V. Mrs. Maria Okoro & Ors (2005) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. This is an appeal from the decision of the Court of Appeal, Lagos Division given on 11 July, 2000 whereby the Court of Appeal dismissed the appellant’s appeal and affirmed the decision of the learned trial Judge who had…

Olum Ogba & Ors. V. Israel J. Onwuzo & Anor (2005) LAWGLOBAL HUB Lead Judgment Report AKINTAN, J.S.C. The present respondents were the plaintiffs while the present appellants were the defendants in this action which was instituted at the Ahoada Judicial Division of the High Court of Rivers State. The plaintiffs sued in a representative…

Mrs. M.B. Amusan V. Mr. Daniel Obideyi (2005) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. The plaintiff took out a writ of summons at the Ibadan High Court claiming the return of his Bernard Terrazo Floor Washing Machine or damages for loss of its use. The parties filed and exchanged pleadings. Thereafter the defendant by…