Sunday Obasohan V. Thomas Omorodion & Anor (2001) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. The Court of Appeal (Musdapher, JCA, Ejiwunmi, JCA (as he then was) and Edozie, JCA) dismissed the appellant’s appeal from the decision of the High Court of what was then the Bendel State whereby judgment was entered for the respondents…

Dambo Damini & Anor V. Chief Tari Abraham & Ors (2001) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. This is an appeal from the judgment of the Court of Appeal (Katsina-Alu, JCA, (as he then was), Edozie and Onalaja, JJ.C.A.) dismissing the present appellants’ appeal from the decision of the Rivers State High Court (Opene,…

General Ishaya Rizi Bamaiyi (Rtd.) V. Attorney-general Of The Federation & Ors. (2001) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C.  The main issue in this appeal is whether the Court of Appeal has any discretion under section 295(2) of the 1999 Constitution of the Federal Republic to refuse to answer a question referred to it…

Rockonoh Property Co. Ltd. V. Nigerian Telecommunications Plc & Anor (2001) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. The facts of this case have, in many respects, been presented differently by either party, that is to say, the plaintiff/appellant and the 1st defendant/respondent. That may be expected in a case where there is dispute particularly…

Korede V. Adedokun (2001) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C.  In this case we had before us an appeal against the judgment of the Court of Appeal, Ibadan Division, consisting of Muktar, Salami and Nsofor (JJCA). The proceedings before the court below arose from the judgment of the High Court in Suit No. 1/433/88.…

Madam Asiawu Adepeju Korede V. Mr. Adedapo Adedokun & Anor (2001) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C. In this case we had before us an appeal against the judgment of the Court of Appeal, Ibadan Division, consisting of Muktar, Salami and Nsofor (JJCA). The proceedings before the court below arose from the judgment of…

Incar Nigeria Plc & Anor. V. Bolex Enterprises (Nig.) (2001) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. The facts of this case are rather simple. Unfortunately, however, the issues have been complicated not so much by the parties than by the two Courts below. The 1st appellant in this appeal (hereinafter is referred to as…

Chief Mene Kenon & Ors V. Chief Albert Tekam & Ors (2001) LAWGLOBAL HUB Lead Judgment Report OGWUEGBU, J.S.C. This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division delivered on 22nd March, 1994. It involves Suit Nos. PHC/9/70 and PHC/113/72 which were consolidated by the agreement of both parties.…

Umeano Achiakpa V. Nduka (2001) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. By a writ of summons issued on the 1st day of June, 1976, the plaintiffs, for themselves and on behalf of the Umuonewe family of Isikwe Achi in Anambra State instituted an action jointly and severally against the defendants of Umunduka family of…

The Shell Petroleum Development Company Of Nigeria Limited V. Abel Isaiah & Ors (2001) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C. This is an appeal from the decision of the Court of Appeal Port Harcourt Division, in which it affirmed the judgment of the High Court. River State, sitting at Isiokpo. The plaintiffs, who are…