Lawani Adesokan & Ors. V. Sunday Adetunji & Ors. (1994) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.S.C. By a Writ of Summons issued in May, 1987 the plaintiffs (who are respondents herein) sued all the defendants including the 4th to the 7th defendants who are now appellants before us and shall hereinafter be so referred, claiming:…

Folusho Oladele Vs The State (1993) LawGlobal-Hub Lead Judgment Report OLATAWURA, J.S.C.  The appellant was charged with the murder of her daughter one Tomike Oladele contrary to S.316 (1) of the Criminal Code Law of Ondo State. This appeal raises once again the legal criteria for insanity. These are provided under section 28 of the…

Alhaji Raimi Oloriegbe Vs J.a. Omotosho (1993) LawGlobal-Hub Lead Judgment Report OMO, J.S.C.  This is an appeal by the plaintiff/appellant against the decision of the Court of Appeal (Kaduna Division) which allowed the defendant/respondent’s appeal against the ruling of the Kwara High Court in the plaintiff/appellant’s favour. The plaintiff/appellant instituted an action (KWS/7O/l983) in which…

Alhaji Amodu Olaleye Oyeyemi & Ors Vs Irewole Local Government & Ors (1993) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C. The main issue in this interlocutory appeal is whether the Court of Appeal, Ibadan Division, was right in the way and manner it exercised its discretion in granting an order of interlocutory injunction pending appeal in…

Professor Ogbuefi Joseph Edozien & Ors Vs Chief (Engr) Onia Edozien (1993) LawGlobal-Hub Lead Judgment Report OLATAWURA, J.S.C. This application before us has nothing to do with the merit of the appeal filed against the judgment of the Court of Appeal, Benin Division delivered on 28th June, 1991. It raises issue of procedure as to…

Jessica Trading Co. Ltd Vs Bendel Insurance Co. Ltd. (1993) LawGlobal-Hub Lead Judgment Report This is a Motion On Notice by the appellant/applicant praying this Court for – “(a) Leave to amend the Notice and Grounds of Appeal filed on 27th January, 1989, against the judgment of the Court of Appeal dated 11th November, 1988;…

Basil Akalezi Vs The State (1993) LawGlobal-Hub Lead Judgment Report OGWUEGBU, J.S.C.  The appellant was charged on an information in the Aboh-Mbaise Judicial Division of the High Court of Imo State with the offence of murder contrary to Section 319(1) of the Criminal Code, Cap, 30, Vol. II Laws of Eastern Nigeria, 1963. The particulars…

Gregory Obi Ude V. Clement Nwara & Anor. (1993) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C In a Port Harcourt High Court, by an action commenced by a writ of summons, the plaintiff claimed against the defendants jointly and severally as follows: “1. A declaration that the plaintiff is the Lessee of the leasehold property situate…

Nse Udo Ntita Vs The State (1993) LawGlobal-Hub Lead Judgment Report KUTIGI, J.S.C.  In the High Court of Cross-River State holden at Ikot Abasi, the appellant was charged as follows – “Statement of Offence Murder contrary to Section 319(1) of the Criminal Code. Statement of Offence Nse Udo Ntita (alias) Nse Akpan Ekpo on the…

Alhaji Amusa Akintola Vs Chief Salami Oyelade (1993) LawGlobal-Hub Lead Judgment Report KUTIGI, J.S.C. We allowed this appeal on the 7th day of December, 1992 after hearing counsel on both sides. We awarded costs of N1,000 to the appellant and adjourned to give our reasons for the decision today which I now do. The plaintiff…