Philip Obiora V. Paul Osele (1989) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C.  On the 1st day of November, 1988, I allowed this appeal after hearing counsel to the parties both on the written briefs and in oral argument, set aside the decision of the Court of Appeal and remitted the case to the Court of…

Ayo Gabriel V. The State (1989) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C.  The appellant, Ayo Gabriel, was found guilty of murder after a trial at Owo in the High Court of Ondo State and sentenced to death. His appeal to the Court of Appeal, Benin Branch was dismissed. The accused was the husband of the…

Nathaniel Adedamola Babalola Kotoye V. Central Bank Of Nigeria & Ors (1989) LawGlobal-Hub Lead Judgment Report This appeal involves a question which has raised some serious furor in recent times, to wit: The question of ex parte orders of injunction. It touches an area of law which, in spite of numerous appellate decisions, appears to…

Peter Chinweze & Anor V. Veronica Masi (Mrs.) & Anor (1989) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C.  This is a rather curious and intriguing case. The plaintiffs now appellants are claiming as “beneficiaries of the Estate of Mrs. Elizabeth Chinweze deceased.” There is no dispute that the appellants are the children of Mrs. Elizabeth Chinweze…

Prince Eyimade Ojo & Ors. V. The Governor Of Oyo State & Ors. (1989) LawGlobal-Hub Lead Judgment Report NNAMANI, J.S.C.  In this Suit which commenced in Oyo Judicial Division of the High Court of Oyo State, the Plaintiffs claimed against the Defendants the following reliefs:- “1. Declaration that the 1956 Baale of Ilora Chieftaincy Declaration…

A. Obikoya V. Wema Bank Limited (1989) LawGlobal-Hub Lead Judgment Report CRAIG, J.S.C.  This appeal is an offshoot of a previous case which came before the Supreme Court sitting as a full Court. That case SC.110/82 – Wema Bank Ltd. v. Bronik Motors Ltd. and A. O. Obikoya, was later to become the leading authority…

Attorney-general Of Oyo State & Anor V. Fairlakes Hotels Limited & Anor (1989) LawGlobal-Hub Lead Judgment Report AGBAJE, J.S.C.  In the Federal High Court holden at Lagos the plaintiff Company, claimed against the defendants, The Registrar of Companies, The Attorney-General of Oyo State and The Commissioner for Trade, Industries and Co-operatives, Oyo State jointly and…

Ranking Udo & Ors. V. Mbiam Obot & Ors. (1989) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C.  In the court of first instance the Plaintiffs (now Respondents in this court) sued “For themselves and as representing the people of Akpa Utong” and claimed from the Defendants (now Appellants in this court), who are people of and…

Chief Adebayo Bashorun Olufosoye & Ors. V. Johnson O. Olorunfemi (1989) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C.  The Plaintiffs/Appellants claimed in the Court of first instance the following:- Pleadings and plans were ordered, filed and duly exchanged. Either party in the course of the proceedings amended its original pleading and the case was ultimately fought…

Gilbert Onwuka & Ors. V. Michael Ediala & Anor (1989) LawGlobal-Hub Lead Judgment Report WALI, J.S.C.  In the trial Court the two actions filed by the opposing parties contesting the ownership of the same piece of land, though ascribing to it different names, were consolidated. In suit No. HOG/9/85 filed by the plaintiffs for themselves…