Achegbulu Aku V. Inalegwu Anyebe & Ors (1994) LawGlobal-Hub Lead Judgment Report RABIU DANLAMI MUHAMMAD, J.C.A.  The respondents herein were the plaintiffs at the court below. The appellant was one of the four defendants sued by the respondents in the High Court of Benue State holden at Ankpa. The respondents for themselves and on behalf…

Alewo Abogede V. The State (1994) LawGlobal-Hub Lead Judgment Report OKAY ACHIKE, J.C.A.  The accused who was initially charged with the offence of manslaughter, was subsequently charged with the offence of murder of one Frances Madu, a police constable. The deceased was alleged to have died from gunshot wound. The deceased was a passenger in…

Bishop John Noyogiere Edokpolo V. Gabriel I. Asemota (1994) LawGlobal-Hub Lead Judgment Report OGUNDERE, J.C.A.  Before Obi J., at the then Bendel State High Court of Justice holden at Benin the plaintiff now appellant in paragraph 20 of his 5th Amended Statement of Claim sought the following remedies:-(a) A declaration that the cultivated farmland measuring…

African Continental Bank Limited V. Chief Benson Elosiuba (1994) LawGlobal-Hub Lead Judgment Report ATINUKE IGE, J.C.A. The Respondent who was the Plaintiff in the court below claimed against 1st Defendant (now Appellant in this case) and 3 others in Suit No. S/28/84 thus 1. A declaration that the judgment obtained by the 1st and 2nd…

Bank of the North Limited V. Alhaji Suarau Akorede (1994) LawGlobal-Hub Lead Judgment Report ISA AYO SALAMI, J.C.A.  The plaintiff, a banker, in Suit No. 1/633/89 brought an action against the defendant, one of its customers claiming the sum of N29,574.89 being overdraft advanced to the customer in 1981 as well as accrued interest thereon.…

Alhaji Abdulkarim Iyimoga & Ors V. Governor of Plateau State & Ors (1994) LawGlobal-Hub Lead Judgment Report ORAH, J.C.A.  The appellants/applicants by a motion on notice dated the 25th of February, 1994, filed on 1st March, 1994 pursuant to Section 16 Court of Appeal Act, 1976, Order 3 Rule 3(1) of the Court of Appeal…

Alhaja Silifatu Kikelomo Omotayo V. Christopher Ajibola Ogundipe (1994) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A.  When may a conditional leave to defend be given? This appeal raises that main issue. It decides when a trial Judge may, in the exercise of his discretion under Order 11 rule 4 of the High Court of Lagos State…

Ahmadu Musa & Anor V. Anthony Ehidiamhen (1994) LawGlobal-Hub Lead Judgment Report MUHAMMAD, J.C.A.  By a writ of summons issued in the High Court of Borno State, Konduga Judicial Division holden in Maiduguri the plaintiff sued the defendants claiming for a declaration that the defendants are jointly and severally liable to the plaintiff for all…

Babatayo Oni V. Emmanuel Olokun & Anor (1994) LawGlobal-Hub Lead Judgment Report ISA AYO SALAMI, J.C.A. The plaintiffs by writ of summons dated 13th August, 1987 are claiming against the defendant a declaration- “that the land situate lying and being at Ahere (Aiyegbaju) was owned originally by Olumogbe family for the use of Osu Community…

Umoru Yau Enterprises Nigeria Limited & Anor V. Oliver Anugwom (1994) LawGlobal-Hub Lead Judgment Report MUHAMMAD, J.C.A.  Sometime in June 1987 the Plateau State Polytechnic asked one David Habbakkuk to supply it with 16 electric typewriters. He contacted his friend, the second appellant herein, a dealer in typewriters to supply him with same. The second…