Lawani Alli & Anor. V. Chief Gbadamosi Abasi Alesinloye & Ors. (2000) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C.  By a writ of summons issued on the 11th day of December, 1987 in the Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiffs, for themselves and on behalf of the Oroye…

International Bank For West Africa Ltd. & Anor V. Pavex International Company (Nigeria) Limited (2000) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C. This appeal is against the judgment of the Court of Appeal declaring as null and void, the ex-parte Order made by Balogun Ag. CJ on the 25th of July, 1991. The said Order…

Francis Shanu & Anor V. Afribank Nigeria Plc (2000) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C.  This ruling concerns an application by Afribank Plc (“the applicant”) which has cross-appealed from part of the decision of the Court of Appeal given in an appeal to that court from a decision of the High Court of Edo…

Isaac Iloabuchi V. Cosmas Ebigbo & Anor (2000) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. This appeal raises the question: when is consolidation of suits for the purpose of trial desirable or permissible In suit No. HOR/27/74 (formerly HO/16/72) in the Orlu Judicial Division of Imo State High Court, Cosmas Ebigbo (for himself and on…

Ma’aji Galadima V. Alhaji Adamu Tambai & Ors (2000) LAWGLOBAL HUB Lead Judgment Report BELGORE, J.S.C. This is a land dispute.The case looked ordinary but on further evidence evolving during the trial a new and fundamental dimension crept into it. The case was initiated by the appellant, Ma’aji Galadima, the son of Galadima Cino (deceased)…

Gbadamosi Sanusi Olorunfemi & Ors V. Chief Rafiu Eyinle Asho & Ors (2000) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. This judgment relates to an appeal and a cross-appeal from the decision of the Court of Appeal (Kolawole, Tobi and Ubeazonu, J.J.C.A). The respondents (“the plaintiffs”) sued the appellants (“the defendants”) in the High Court…

Mobil Oil (Nigeria) Plc V. Ial 36 Inc. (2000) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. There are before us an appeal by the 1st defendant in an action [suit no. FHC/L/123/92) (“the suit”)] commenced at the Federal High Court and across-appeal by the plaintiff in the said suit. The appeal and the cross-appeal are…

F.S.B. INTERNATIONAL BANK LTD. V.IMANO NIGERIA LTD. & ANOR (2000) LAWGLOBAL HUB Lead Judgment Report ACHIKE, J.S.C. In the High Court of Lagos, Ikeja Division, the plaintiff, herein respondent instituted this action against the 1st defendant, herein appellant and the 2nd defendant, known as Agricultural and Food Processing Installation Limited. The claim ran as follows:…

Franchal (Nig.) Ltd. & Anor V. N.A.B. Ltd. (2000) LAWGLOBAL HUB Lead Judgment Report UWAIS, C.J.N. This is an interlocutory appeal against the decision of the Court of Appeal refusing an application by the appellants for stay of execution pending appeal. The background facts to the case are as follow. The appellants were indebted to…

Sunmonu Olohunde & Anor V. Professor S. K. Adeyoju (2000) LAWGLOBAL HUB Lead Judgment Report IGUH, J .S.C. By a writ of summons issued on the 12th day of March, 1982 in the Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiff, who is now the respondent, instituted an action against…