City Engineering Nigeria Ltd. V (Nig) Ltd V Nigerian Airport Authority (1999) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C.  In the High Court of Lagos State the Applicant by an originating summons dated the 4th day of November, 1982, filed its application for- (a) An order that the Respondent in this matter shall submit to…

Onyejekwe V Onyejekwe (1999) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C. The appellants were defendants before the Onitsha High Court. The respondents who were the plaintiffs at the trial court instituted this action and claimed against the appellants for equitable distribution or sharing of 18 plots of family land known as “Owoelebo” which plots of…

Dr. Tunde Bamgboye V. University Of Ilorin & Anor (1999) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C. This appeal which emanates from the Court of Appeal, Kaduna Division (Coram: Aikawa, Ogundere and Okunola, J.J.C.A.) revolves, in the main, around the interpretation of Section 15 of the University of Ilorin Act, 1979 (now Cap. 455, Laws…

Nigerian Bank For Commerce And Industry & Anor. V. Alfijir (Mining) Nigeria Ltd. (1999) LAWGLOBAL HUB Lead Judgment Report A. KALGO, J.S.C. This is an appeal against the decision of the Court of Appeal, Jos Division, delivered on the 23rd day of March, 1993. The respondents herein were the plaintiffs and the appellants were the…

Okonkwo Okonji (Alias Warder) & Ors. V. George Njokanma & Ors. (1999) LAWGLOBAL HUB Lead Judgment Report ACHIKE, J.S.C The plaintiffs/respondents filed suit No. A/10/73 at the High Court, Asaba in March 1973 and claimed against the defendants/appellants for declaration of title to land, damages for trespass and injunction. The defendants/appellants cross-claim, in similar terms,…

Madam Eunice Enabulele V. Madam Omoyevbese Agbonlahor. (1999) LAWGLOBAL HUB Lead Judgment Report U. ONU, J.S.C.  The appellant who was the defendant in the trial High Court – the High Court of Bendel (now Edo) State holding in Benin City – was sued by the respondent, therein plaintiff, who claimed:- “(a) A declaration that the…

Chief Edwin Obianefo Okeke & Ors. V. Anthony Agbodike & Ors. (1999) LAWGLOBAL HUB Lead Judgment Report M. A. BELGORE, J.S.C. This is an appeal from the decision of the Court of Appeal, Enugu Division, which dismissed the appellants’ appeal against the judgment of the High Court of Anambra State, sitting at Nnewi. The claim…

Ganiyu Badmus & Anor Vs A.O. Abegunde (1999) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. This is an appeal against a judgment of the Court of Appeal, Ibadan Division, given on 8 December, 1988. The Judgment is being contested on a very narrow issue. The trial judge (J.D. Ogundere, J.) sitting at the High Court,…

Akio Abey & Ors. V. Chief Alhaji Ibrahim Fubara Alex & Ors. (1999) LAWGLOBAL HUB Lead Judgment Report O. UWAIFO, J.S.C This appeal deals essentially with the effect of an out-of-court settlement of an action by the parties thereto. There is a peculiarity with such a settlement – even when not made an order of…

Alhaji Awesu Atanda Adeyemi & Ors. V. Chief Simon Moronfolu Olakunri & Ors (1999) LAWGLOBAL HUB Lead Judgment Report A. KALGO, J.S.C In the trial court, the appellants who were the plaintiffs took out a writ of summons against the defendants now respondents seeking the following reliefs:- (i) A declaration that as executors of the…