Ibrahim Kano Vs Gbadamosi Oyelakin (1993) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.S.C.  The plaintiff, Chief Amuda Olorunkosebi the Ashipa of Oyo, for and on behalf of himself and the Ashipa family sued the defendant (who is now the appellant before us ) for and on behalf of himself and the Hausa Community, claiming forfeiture of…

Alhaji Mohammed Layinka & Ors V. Alhaji Baba Agba Gegele (1993) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.S.C.  By a writ of Summons issued in the High Court of Kwara State holden at Ilorin the plaintiff for himself and on behalf of the Galadima family of Gegele sued the seven defendants above claiming a declaration that…

Taylor Woodrow Of Nigeria Limited V. Suddeutsche Etna-werk GMBH (1993) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.S.C.  This appeal raises the question when and in what circumstances, a court will disturb the award made by an arbitrator to whom the parties to a contract have voluntarily submitted a dispute arising between them for adjudication. Taylor Woodrow…

Manshep Namsoh Vs The State (1993) LawGlobal-Hub Lead Judgment Report KUTIGI, J.S.C. The appellant faced a one count charge at the High Court of Justice Holden at Kano as follows – “THE CHARGE That you MANSHEP NAMSOH on or about the 16th May 1988 at about 1545 hours at Police Mobile Force barracks Hotoro Area…

Chief Daniel Ogbonnaya & Ors Vs Adapalm Nigeria Limited (1993) LawGlobal-Hub Lead Judgment Report KUTIGI, J.S.C. The plaintiffs, now appellants, in paragraph 17 of their Statement of Claim, claimed against the defendant, now respondent, the following:- (a) A declaration that it is not consistent with public interest to deprive the members of Obuozu Ndoki Community…

Samuel Erekanure Vs The State (1993) LawGlobal-Hub Lead Judgment Report OLATAWURA, J.S.C.  The main issue in this appeal is principally the consequential order to make when a trial Judge fails to adhere strictly to the provisions of Section 215 of the Criminal Procedure Law, Cap. 49, Laws of the Bendel State of Nigeria. It is…

African Continental Bank Plc Vs Obmiami Brick And Stone (1993) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.S.C. This case has a long and chequered history. This is the second time the parties will be before this Court. The applicant was at one time banker to the respondent. A dispute arose between the parties which led to…

Cecilia Ihuoma Nwankwo Vs Emmanuel C. Nwankwo (1993) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C.  The applicant, Mrs. Cecilia Ihuoma Nwankwo, was the plaintiff in the trial court where she was victorious against the present respondent, her husband under a marriage by native law and custom. The bone of contention concerned a business name she claimed…

Philip Ekpenyong Vs The State (1993) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C.  The appellant was on 4th day of December 1991 at Umuahia, in the High Court of the then Imo State found guilty of murder and was convicted and sentenced to death. His appeal to the Court of Appeal, Port Harcourt Division was dismissed.…

Nicholas Wankey Vs The State (1993) LawGlobal-Hub Lead Judgment Report WALI, J.S.C.  The appellant Nicholas N.Wankey was arraigned before the Aba High Court of Imo State of Nigeria charged with the following offence: “That you Nicholas N. Wankey on 2nd of February, 1985 at Osusu Umuikpeyi in Obioma Ngwa Magisterial District unlawfully killed one Adaelu…