Musa Sha (Jnr) & Anor V. Da Rap Kwan & Ors (2000) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. The proceedings leading to this appeal were first initiated on the 22nd day of July, 1988 in the High Court of Justice of Plateau State of Nigeria, holden at Jos. In that court, the plaintiffs, for…

Festus Ibidapo Adesanoye & Ors V. Prince Francis Gbadebo Adewole & Anor (2000) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. This appeal deals with how to determine whether a statute is retrospective or prospective in operation and the effect thereof in relation to the facts of the present case. According to Driedger, Construction of Statutes…

Okorie Echi & Ors. V. Joseph Nnamani & Ors (2000) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C. The action that led to this appeal was commenced by the appellants at the High Court of the defunct Anambra State High Court presided over by Okadigbo J. The appellants had in that action sued the respondents claiming…

General Sani Abacha & Ors V. Chief Gani Fawehinmi (2000) LAWGLOBAL HUB Lead Judgment Report MICHAEL EKUNDAYO OGUNDARE, J.S.C.  The facts of this case are simple enough. The respondent, a legal practitioner, was arrested without warrant at his residence on Tuesday January 30, 1996 at about 6 a.m., by six men who identified themselves as…

Alhaji Usman Dantata & Anor V. Mouktar Mohammed (2000) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J,S.C. In the High Court of Lagos State, the respondent (‘the plaintiff’) sued the appellants (“the defendants”) claiming as follows: “(a) A declaration that the Plaintiff is the person entitled to certificate of occupancy dated 26th day of September, 1979…

Alhaji Usman Magaji V. Maidorowa Matari (2000) LAWGLOBAL HUB Lead Judgment Report B. WALI, J.S.C. Following the order for a retrial made by the Sharia Court of Appeal Bauchi in 1986, the plaintiff Maidorowa Matari lodged the following complaint in the Nabardo Area Court against the defendant Alhaji Usman Magaji – “I sued (sic) the…

Mohammed Garba & Ors V. The State (2000) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C Mohammed Garba is the only appellant in this appeal. He was convicted jointly with Yahaya Shuaibu and Ibrahim Audu of criminal conspiracy, contrary to Section 97 and punishable under Section 22(b) of the Penal Code. On appeal to the Court…

Afrotec Technical Services (Nig) Ltd. V. Mia & Sons Limited & Anor (2000) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. In the Kaduna High Court, the plaintiff’s claims against the defendant read as follows:- “(1) Perpetual injunction restraining the defendant, its servant, of agents of other officers acting on its behalf from disposing of by…

Alhaji Salami O. Aderounmu & Anor V. Emmanuel Olajide Olowu (2000) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C This is an appeal from a judgment of the Court of Appeal (Ibadan Division: Ogundare, JCA, Ogbuagu, JCA (as he then was), and Muhammad, JCA) dated 16th April, 1992, whereby an appeal to the Court of Appeal,…

Alhaji O. A. Oyekanmi V. National Electric Power Authority (2000) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. The relevant facts bearing on this appeal from a judgment of the Court of Appeal, Ibadan Division, given on 14 April, 1992, can be stated with much brevity. It is unnecessary to go to full details, much of…