Samuel Atugbue Vs Okwuegbunam Chime And Anor (1963) LawGlobal-Hub Lead Judgment Report BRETT, F.J. This is an appeal by the plaintiff from the decision of the High Court of Eastern Nigeria dismissing his claim for damages for malicious prosecution. The appeal turns not on the merits of the case but on the procedure adopted at…

Iyade Nwango v. The Queen (1963) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, J.S.C. The appellant was convicted on 3rd August, 1963 in the High Court of Eastern Nigeria at Abakaliki, of murdering one Nwefi Oka on the 11th January, 1963 at Amachara Agbaja Izi in the Province of Abakaliki. That day the deceased and five others…

Stephen Akinyemi v. Rosella A. Akinyemi and Anor (1963) LawGlobal-Hub Lead Judgment Report MORGAN, Ag. J.S.C.  The appellant filed a petition against his wife in the court below praying for the dissolution of their marriage on the grounds of his wife’s adultery with the correspondent and cruelty. The respondent cross-petitioned for the dissolution of the…

Nwogugua Agumadu Vs The Queen (1963) LawGlobal-Hub Lead Judgment Report BREIT, F.J.  The appellant was charged on an Information containing a single count, which read as follows:- “STATEMENT OF OFFENCE ATTEMPTED MURDER contrary to section 320 (1) of the Criminal Code.PARTICULARS OF OFFENCENWAOGUGUA AGUMADU, on the 25th day of April, 1962 at Onitsha in the…

Ogundairo (Bale of Ijako-Orile) and Ors v. I. B. Okanlawon and Ors (1963) LawGlobal-Hub Lead Judgment Report TAYLOR, J.S.C.  The plaintiffs in the Court below were representatives of Awaiye Village, and the defendants of Ijako-Orile Village. The claim was for a declaration of title to Awaiye farmland and an injunction to restrain the defendants, their…

Essien Okon Umoren V. The Queen (1963) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, J.S.C.  The appellant was tried with another man in the High Court of Eastern Nigeria on a count of murdering one Ndarake Essien Akpan on 2nd June, 1962, at Ikot Obong Itu in the Calabar Division. The case was heard at Uyo by…

T. U. Akuwule And 10 Ors V The Queen (1963) LawGlobal-Hub Lead Judgment Report ADEMOLA, C.J.F.  The 1st Appellant was convicted in the High Court, Northern Region, holden at Kano, of an offence laid under sec. 315 of the Penal Code of the Northern Region relating to Criminal Breach of Trust in his capacity as…

Joseph Rollings Osakwe V. The Queen (1963) LawGlobal-Hub Lead Judgment Report BAlRAMIAN, J.S.C. The present appeal arises out of the theft of a motor car stolen by Accused Nos . 1, 2 and 3, who were taken by Accused No. 5 to Accused No.4 with the aim of disposing of the car. All were convicted-Nos.…

Commissioner Of Police V. Smart Ededey (1963) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, J.S.C. When this appeal came up on the 1st November, the respondent objected that it could not be heard on the ground that the Commissioner of Police has no right to appeal, or that he could not appeal without leave. What happened was…

Daja Wagga V The Queen (1963) LawGlobal-Hub Lead Judgment Report ADEMOLA JSC We now give our reasons for dismissing the 24th May, 1963. The appellant, who was charged with culpable homicide punishable by death under section 221 of the Penal Code, was, on the 12th January, 1963, convicted of that offence. The case against him…