M.A. Akinsuroju & Ors Vs Chief Paul O. Joshua (1991) LawGlobal-Hub Lead Judgment Report M. L. UWAIS, J.S.C. In this case the appellants were the plaintiffs in a suit which they brought on the 26th day of May, 1966 in the then High Court of Western Group of Provinces, holden at Akure, against the respondents…

Matthew Oke Onwumere V. The State (1991) LawGlobal-Hub Lead Judgment Report O. I. AKPATA, J.S.C.  This appeal raises a number of legal issues, prominent amongst which is the question whether when a post-mortem examination has been performed medical evidence becomes imperative to establish the cause of death, regardless of other credible evidence pointing to the…

Garuba Abioye & Ors. V. Sa’adu Yakubu & Ors (1991) LawGlobal-Hub Lead Judgment Report BELLO, C.J.N. The main issue for determination in this appeal is whether, having regard to the provisions of the Land Use Act 1978, customary owners are entitled to be granted declaration of title to a parcel of land against their customary…

Yunusa Adamu & Ors. V. The State (1991) LawGlobal-Hub Lead Judgment Report M. A. BELGORE, J.S.C. This is a case of robbery in which the appellants were convicted and sentenced to twenty-one years imprisonment on each of the two courts under S.3A(b) and S.1(1) Robbery and Firearms (Special Provisions) Decree 1970 for conspiracy to commit…

Ahwedjo Efetiroroje & Ors. V. His Highness Onome Okpalefe II (The Osuivie Of Agbarho) & Ors (1991) LawGlobal-Hub Lead Judgment Report G. KARIBI-WHYTE, J.S.C. This appeal has brought into focus once again the anxieties in the often discussed question of the circumstances enabling an appellate court to set aside the exercise of the discretion by…

Alhaji Sule Agbetoba & Ors. V. The Lagos State Executive Council & Ors (1991) LawGlobal-Hub Lead Judgment Report G. KARIBI-WHYTE, J.S.C.  Appellants, representing the Muti ruling house of the Onikoyi Chieftaincy family has again appealed to this Court, challenging the dismissal by the Court of Appeal, Lagos Division of their appeal against the judgment of…

Michael Ifeanyi Ojibah Vs Ubaka Ojibah (1991) LawGlobal-Hub Lead Judgment Report P. NNAEMEKA-AGU, J.S.C. This is a further appeal by the plaintiff against the judgment of the Court of Appeal, Enugu Division, coram Ikwechegh Katsina-Alu and Macaulay, JJ.C.A. which had dismissed an appeal against the judgment of F. O. Nwokedi, J., sitting in an Onitsha…

John Ekeogu Vs Elizabeth Aliri (1991) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C. In her writ of summons filed on 20th day of July, 1987, the plaintiff, a minor, instituted this action by her next friend, the mother, claiming against the 1st, 2nd and 3rd defendants, jointly and severally: “the sum of N100,000 (one hundred thousand…

Michael Ifeanyi Ojibah V. Ubaka Ojibah (1991) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C.  This is a further appeal by the plaintiff against the judgment of the Court of Appeal, Enugu Division, coram Ikwechegh Katsina-Alu and Macaulay, JJ.C.A. which had dismissed an appeal against the judgment of F. O. Nwokedi, J., sitting in an Onitsha High…

Alhaji Abdullahi Baba V. Nigerian Civil Aviation & Anor (1991) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C. This is an appeal by Alhaji Abdullahi Baba who was the plaintiff in this suit in a Kaduna High Court presided over by Chigbue, J. (as he then was). The plaintiffs claim as amended by his amended statement of…