Joseph Ejelikwu V. The State (1993) LawGlobal-Hub Lead Judgment Report WALI, J.S.C. The accused person, Joseph Ejelikwu, was, after a preliminary investigation, charged as follows:- “That you Joseph Ejelikwu, on 23 November, 1978, at about 1705 hours at G.R.A. Police Station, Katsina, committed the offence of culpable homicide punishable with death in that you caused…

Chief John Ehimigbai Omokhafe V. Chief John Ilavbaoje Iboyi Esekhomo (1993) LawGlobal-Hub Lead Judgment Report KARIBI-WHYTE, J.S.C. This preliminary objection against the competence of this appeal was raised by the 5th Respondent on the 1st February, 1993 when the appeal came up for hearing. After hearing counsel for and against the preliminary objection, the same…

Sunday Eguamwense V. James I. Amaghizemwen (1993) LawGlobal-Hub Lead Judgment Report This appeal questions the exercise by the High Court of original jurisdiction to hear a declaratory action in respect of a matter with which an inferior tribunal has been vested with jurisdiction. The facts of the case The facts of this appeal are not…

Joseph Igbongidi V. Johnson Umelo (1993) LawGlobal-Hub Lead Judgment Report MOHAMMED, J.S.C. The respondent, Mr. Johnson Umelo, instituted this action in the Port Harcourt Judicial Division of the High Court of Rivers State, by a writ of summons, endorsed with the following claim: ‘The plaintiff’s claim against the defendant is as follows: The case of…

Victor Olurotimi V. Mrs. Felicia Mobolanle Ige (1993) LawGlobal-Hub Lead Judgment Report MOHAMMED, J.S.C. This is an appeal from the judgment of Benin Division of the Court of Appeal in which it affirmed the judgment of Adeloye, J. (as he then was) of Ondo State High Court, sitting at Akure. The respondent, who was plaintiff…

Oladejo Adewuyi Ajuwon V. Fadele Akanni & Ors. (1993) LawGlobal-Hub Lead Judgment Report  IGUH, J.S.C By a writ of summons filed on the 19th August, 1977 in the Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiffs, who are now respondents, for themselves and on behalf of the Ibala Arikoto Family,…

J.O. Ayinde & Ors. V. Samuel A. Adigun (1993) LawGlobal-Hub Lead Judgment Report OLATAWURA, JSC. The nub of this appeal is whether the plaintiff’s action is statute barred. The plaintiff was up till the time of his accident a civil servant in the Federal Civil Service of Nigeria and was on a official duty when…

Universal Vulcanizing (Nig.) Ltd. V. Ijesha United Trading & Transport & Ors. (1992) LawGlobal-Hub Lead Judgment Report OMO, J.S.C.  The claim of the plaintiff/appellant in the High Court of Kwara State (Ilorin Division), as set out in his Statement of Claim, against defendants/respondents jointly and severally is as follows:- (i) an order for specific performance…

Arthur Onyejekwe V. The State (1992) LawGlobal-Hub Lead Judgment Report OMO, J.S.C. The appellant and three others were originally charged in the Anambra State High Court (Onitsha Division) with the murder of a Police constable, Igwe Uduma, at Ogidi, on the 21st January 1984. Following a submission of no-case made at the end of the…

Edio Ekretsu & Anor Vs Millar Oyobebere & Ors (1992) LawGlobal-Hub Lead Judgment Report E. O. OGWUEGBU, J.S.C.  In a writ of summons issued on 20/10/76 at the High Court of the then Bendel State of Nigeria holden at Ugheli, Ekio, Ekretsu and Evru Onorovwie for themselves and as representing Unuaro family of Uwheru sued…