Ayemere Ihimire Vs The State (1975) LawGlobal-Hub Lead Judgment Report BELLO, JSC.   The Appellant was convicted in the High Court of the Mid-Western State, sitting at Ubiaja, on a charge of murder of his wife, Comfort Ayemere, which he had suspected of having adulterous association with one Itemudu Ogedegbe. He has appealed to this court…

Fabian Onyejekwe V. Michael Atuanya (1975) LawGlobal-Hub Lead Judgment Report DAN IBEKWE, J.S.C. This case is unique in the sense that it serves as a kind of exception to the general rule that in an action for declaration of title the onus rests entirely on the plaintiff to establish his title, and that the burden…

Francis Udo Ekpeyong & Ors Vs John H. Essiet & Ors (1975) LawGlobal-Hub Lead Judgment Report G. S. SOWEMIMO, JSC  This appeal is against the judgment of Balonwu, J., (as he then was), delivered at Uyo on the 30th June 1965, in Suit C/12/60. The judgment was an award of £50 as general damages for…

Olubusola Stores v. Standard Bank (1975) LawGlobal-Hub Lead Judgment Report G. B. A. Coker, JSC  Standard Bank Nigeria Ltd., had sued the present appellant as defendant in the High Court, Lagos, where the writ of summons was endorsed for a claim of an amount of 9,774Pounds: 11s: 6d. (or N19,549.15) together with interest, as money…

Mobil Oil (Nigeria) Limited V. Abolade Olatunji Coker (1975) LawGlobal-Hub Lead Judgment Report A. G. IRIKEFE, J.S.C. Before the High Court of the Ibadan Judicial division in suit I/80/68, the plaintiff/appellant’s writ was indorsed against the defendant/respondent in the following terms:- “The plaintiff’s claim against the defendant is for the refund of the sum of…

Chief Dokubo Akile Aseimo & Ors. V. Chief Anthony Amos & Ors. (1975) LawGlobal-Hub Lead Judgment Report SOWEMIMO, J.S.C.  This is an appeal against the judgment of Douglas J., delivered on the 15th of October, 1973 at the Port Harcourt High Court in the Rivers State. The claim before that court is for “a declaration…

F. M. Alade V. Lawrence Awo (1975) LawGlobal-Hub Lead Judgment Report IBEKWE, J.S.C. This appeal seems to highlight the kind of erroneous conception which seems to have built up around the time-honoured rule that was laid down in the well-known case of Ekpo v. Ita XI NLR 68. In that case Weber, J., stated the…

Abdul-Karimu Lemomu & Ors. V. Alhaji Noah Alli-Balogun (1975) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C.  According to the averments in their joint statement of claim, the first and second plaintiffs (now appellants) are the executors named in the last Will and Testament dated 24th day of January, 1963, of one Shadiya Alli-Balogun (deceased) who died…

Dr. Dozie Ikedife & Anor Vs Clement Obienu (1975) LawGlobal-Hub Lead Judgment Report O. ELIAS, C.J.N.  For the purpose of establishing a market for the community of Nnewi, private land was acquired from the various families affected and it would seem that payment of compensation had been agreed with all the families except one, that…

Joseph Edet Wey Vs Anne Bassey Wey (1975) LawGlobal-Hub Lead Judgment Report O. ELIAS, C.J.N.  In this application the prayer is for “an Order granting a stay of execution of the Order made by the High Court of Lagos State on 8th June, 1974 for the payment by the Petitioner/Applicant to the Respondent of N2,000.00…