Mrs Hawa Gankon V. Ugochukwu Chemical Industries Ltd. (1993) LawGlobal-Hub Lead Judgment Report KARIBI-WHYTE, J.S.C.  On the 30th October, 1988, S.U. Mohammed, C.J. dismissed the claim of the plaintiff now the appellant, against the defendant, who is now the respondent. The claim is for, “1. A DECLARATION that the plaintiff is the rightful and beneficial…

Vincent Standard Trading Co. Ltd Vs Xtodeus Trading Co. (Nig) Ltd (1993) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.S.C. The plaintiff company (who is now the appellant before us) sued the defendants (who are now respondents) jointly and severally claiming the sum of N588,353.70 being the sum left unpaid (together with interest) in respect of goods…

Godspower Asakitikpi Vs The State (1993) LawGlobal-Hub Lead Judgment Report UWAIS, J.S.C. The appellant was charged in the High Court of erstwhile Bendel State sitting at Sapele with two counts of armed robbery contrary to section 1 subsection (2) (a) of the Firearms (Special Provisions) Act, No. 47 of 1970. He was convicted of both…

Mrs. C.O.A. Fakuade Vs Obafemi Awolowo University Teaching Hospital Complex Management Board (1993) LawGlobal-Hub Lead Judgment Report KUTIGI, J.S.C.  At the Ilesha High Court the plaintiff claimed against the defendant:- “(a) A declaration that the purported termination of the plaintiff’s appointment in the service of the defendant as contained in the letter of termination of…

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…

Rasulu Oladipupo Vs The State (1993) LawGlobal-Hub Lead Judgment Report KUTIGI, J.S.C. The appellant was in the Lagos High Court charged and convicted of the offence of murder contrary to section 319 of the Criminal Code. He was sentenced to death. At the trial the prosecution called seven witnesses to prove the charge against the…

Warner And Warner International Associates (Nigeria) Ltd. Vs Federal Housing Authority (1993) LawGlobal-Hub Lead Judgment Report OMO, J.S.C  The parties to this appeal entered into a written contract in December, 1974 for the plaintiff to construct 199 Duplex buildings (Type H4-H3a) at a contract sum of N13,372.800.00. 140 of these houses were to be constructed…

Alhaji Yusuf Dan Hausa & Co. Ltd V Panatrade Ltd (1993) LawGlobal-Hub Lead Judgment Report OGWUEGBU, J.S.C. The plaintiff entered into a contract for the supply to the 1st defendant, 5,000 metric tons or 100,000 bags of American long grain par-boiled rice at N28.25 per bag. The 2nd defendant gave an undertaking to the plaintiff…

Fawole Ajayi & Anor V. Igierobo Omorogbe (1993) LawGlobal-Hub Lead Judgment Report OLATAWURA, J.S.C. It will be necessary to refer briefly to the history of this case in order to appreciate the issue involved. The appeal is not on the merit of the issues decided by the High Court of Justice in the former Mid-Western…

Ezebilo Abisi & Ors Vs Vincent Ekwealor & Anor (1993) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.S.C. By a writ of summons issued in the Onitsha Judicial Division of the High Court of Anambra State of Nigeria, the plaintiffs (who are now respondents before us) for themselves and on behalf of the people of Umuakwo Ikenga…