J. Olayinka V. Yesufu Elusanmi & Anor (1970) LawGlobal-Hub Lead Judgment Report COKER, J.S.C.  The appellant has appealed to this Court against the judgment of Fakayode, J. (High Court, Oshogbo, Western State) whereby he has affirmed an order for an indefinite stay of execution of a judgment obtained by him against the respondent and his…

In The Matter Of The Constitution Of The Federation V. Re G.m Boyo (1970) LawGlobal-Hub Lead Judgment Report COKER, J.S.C.  The applicant in this matter has lodged an appeal in this Court against, inter alia, the decision of Atake, J. (High Court, Warri) given in the course of his trial for contempt of court. He…

G.O. Boyo Vs The State (1970) SOWEMIMO, J.S.C. The appeal in this case was against the ruling made by Ighodaro, J. in the Benin High Court on a motion ex parte, in suite B/16 MnO granting leave to the Ag. Director of Public Prosecutions to serve notice of motion upon the appellant to show cause…

Olusegun Rotimi & Ors. Vs F.o. Macgregor (1970) LawGlobal-Hub Lead Judgment Report COKER, J.S.C. This is a matter in which, owing to its peculiar circumstances, we acceded to the request to dispense with compliance with the rules of this Court and heard the appeal on the papers before us. These papers were agreed by the…

National Bank Of Nigeria Ltd Vs Guthrie (Nig.) Ltd & Anor (1970) LawGlobal-Hub Lead Judgment Report UWAIS, JSC.  An action was com­menced in the High Court of Lagos State by a Writ of Summons taken out by the appellant as plaintiff, against the respondents as 1st and 2nd defendants respectively. In the Statement of Claim…

Yesufu Oyediran & Family V. Tafa Amaoo & Ors (1970) LawGlobal-Hub Lead Judgment Report LEWIS JSC In suit HOS/8/66 in the High Court Oshogbo, the plaintiff writ of summons read- “The plaintiffs’ claim against the defendants is for declaration of title according to native law and custom to a piece of parcel of land situate, lying…

Amusa Momoh & Anor Vs Jimo Olotu (1970) LawGlobal-Hub Lead Judgment Report  ADETOKUNBO ADEMOLA, CJN This is an appeal from a ruling made by Kester, Acting Chief Justice, Western State, as he then was, on a motion filed in Suit No. 1/115/66 praying the court to order a dismissal of the plaintiff’s action on the…

Egbo Ojojo Vs The State (1970) LawGlobal-Hub Lead Judgment Report LEWIS, J.S.C. On the 4th of February, 1970, we struck out the appeal of the appellant from his conviction of murder by Prest, J. on the 14th of July, 1969, in the Ughelli High Court on Charge UHC/15C/69, because his notice of appeal was only…

Monday Enweliku Vs The State (1970) LawGlobal-Hub Lead Judgment Report COKER, J.S.C. We dismissed this appeal at the hearing on the 4th February, 1970, and now give our reasons for doing so. The appellant was convicted by Prest, J. (High Court, Ughelli) of the murder on or about the 2nd August, 1968, or one Ishiekwene…

Okputuobiode & Ors V. The State (1970) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C.  On 7th July, 1969, the appellants were convicted in the Ughelli High Court by Prest J. in charge No. UHC/IC/69 containing two counts of burglary, ten counts of arson, and six counts of stealing. Originally ten persons were charged with these offences,…