Mandillas and Karaberis Ltd. v. Chief Yesufu D. Otokiti (1963) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, F.J. The plaintiffs have appealed, and the defendant has cross-appealed, from the judgement in the Benin Suit No. 27 of 1957 given on 8th November, 1960.The parties entered into a contract on the 5th November, 1953, in relation to the…

E. T. Adewoyin and Ors v. Jones Adeyeye (1963) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, F.J. The plaintiffs complain against the judgment of the 30th November, 1961, which dismissed their Suit (Ibadan No. 257/58). In their appeal they repeat their claim for a declaration of title to the land in plan CK 160/59 (on which it…

Emmanuel Ibeziako v. Commissioner of Police (1963) LawGlobal-Hub Lead Judgment Report ADEMOLA, C.J.F.  This appeal raises a question of very great importance for Northern Nigeria where the Criminal Procedure Code is in force. The appellant was convicted by the Magistrate of the Jos Magisterial District on a charge of offering or giving gratification to a…

Elijah Okezie Vs The Queen (1963) LawGlobal-Hub Lead Judgment Report ADEMOLA, C.J.F.  The appellant was in the High Court of the Eastern Region at Aba charged on an information containing two counts, namely obtaining goods by false pretences contra section 419 Criminal Code and stealing by agent contra section 390 (8) (b) of the Criminal…

Abimbola George And Ors V. Dominion Flour Mills Ltd (1963) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, E.J. The defendants have appealed from the judgment of Onyeama, J. in the Lagos Suit No. 338 of 1958 on a number of grounds, but their learned counsel, Chief H. O. Davies, confined his arguments to the following two:- (1)…

Ajayi Alamu Vs Olaode Alao & Ayondioro Family (1963) LawGlobal-Hub Lead Judgment Report G. B. A. COKER, JSC There is no merit whatsoever in this appeal. The complaints here before us on appeal broadly speaking are, firstly, that the appeal should not have been heard in the High Court, Ibadan as the representative of the…

Anachuna Nwokafor and 5 others V Nwankwo Udegbe and 4 others (1963) LawGlobal-Hub Lead Judgment Report BRETT, Ag. C.J.E This was a representative action, originally brought in the Udoka Native Court, in which the plaintiffs, for themselves and others of Umuanugwo Quarters of Ifite-Ukpo, sued the defendants, for themselves and others of Uruowelle Quarter of…

Emmanuel v. The Queen (1963) LawGlobal-Hub Lead Judgment Report BRETT, Ag. C.J.F.  The appellant was convicted in the High Court of Eastern Nigeria on counts charging conspiracy to defraud, stealing by clerks or servants and false claims by officials. The case for the prosecution against the appellant depended entirely on circumstantial evidence so far as…

Alhaji Shittu Bamidele and Anor v. Aderinola Adeyemi and Ors (1963) LawGlobal-Hub Lead Judgment Report BAIRAMIAN. EJ. In this appeal the defendants in the Ibadan Suit No. 1/288/61 complain of the judgment given on the 30th March, 1962, awarding damages to the plaintiffs, of whom two are described as wives and the others as children…

Koussay Ussuf Haider v. Berini (1963) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, E.J. The plaintiff (now appellant) was engaged at Beirut, Lebanon, to come out to Lagos as an employee of the Bank on certain terms, which are shown in a letter dated 24th October, 1959. For present purposes it is enough to refer to clause…