Chief R. A. Okoya & Ors Vs S. Antilli & Ors (1990) LawGlobal-Hub Lead Judgment Report AGBAJE J.S.C.  The background material to this appeal is as follows. The plaintiffs, Chief R.A. Okoya, Mrs. K. Okoya and Albion Construction Ltd., sued the defendants, S. Santilli, A. Davanzo and Prince D.A. Ademiluyi in a Federal High Court…

Mutairu Togun Ajamogun & Anor V Tunde Oshunrinde & Anor (1990) LawGlobal-Hub Lead Judgment Report AKPATA, J.C.A.  This appeal centres on the settled Yoruba customary law that the head of the family is the manager of family property ,and that any disposition of family land without his consent is void ab initio. Apart from the…

Eleso M.A. Vs The Government Of Ogun State & Ors (1990) LawGlobal-Hub Lead Judgment Report ESO, J.S.C.  The relevant facts of this case which is on appeal to this court are not in contest. The plaintiff, Chief F.A. Oyalowo and the 4th defendant, E.A. Eleso, both belong to the Oke Idiroko section of Ijaiye. There…

Abibatu Folami & Ors Vs Flora Cole & Ors (1990) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C. The appellants were the plaintiffs in the trial court of High Court of Lagos State. The suit they took to that court concerned a piece of land at Oja village, Oshodi district which area is now called Ilupeju. The…

Chief R. B. Buraimoh V. Chief Maliki Adeniyi Esa & Ors (1990) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C. This is a further appeal by the plaintiff in this case against the dismissal, by the Court of Appeal, Kaduna Division, of his appeal against the judgment of Adegbite, J., sitting in an Ilorin High Court. In…

Frank Norman Spencer Thirwell V Oye Oyewumi & Anor (1990) LawGlobal-Hub Lead Judgment Report AKANBI, J.C.A.  In the final and  twentieth paragraph of their statement of claim filed in the Federal High  Court Ibadan on 25th May 1981, the plaintiffs in this action averred as follows:- ‘the plaintiffs are entitled to recover the said sum…

Onyebuchi Iroegbu & Anor V. Richard Okwordu & Anor (1990) LawGlobal-Hub Lead Judgment Report AGBAJE, J.S.C.  This ruling is concerned with two applications now filed by their counsel on behalf of the defendants in suit no.HU/4/73 in an Umuahia High Court between Richard Okwordu & Anor for themselves and as representing the Chiefs and people…

Chief P.N. Nsirim Vs E.A. Nsirim (1990) LawGlobal-Hub Lead Judgment Report OBASEKI. J.S.C. Proceedings in the matter of appeal to this court were first instituted in the High Court of the Rivers State of Nigeria Holden at Port Harcourt. In that court, the plaintiff/appellant claimed as per paragraph 8 of the statement of claim: “N100,000…

Cyprain Onwuama Vs Louis Ezeokoli (1990) LawGlobal-Hub Lead Judgment Report AGBAJE. J.S.C.  The case originated in the Customary Court of Agudo where the plaintiff/respondent in his claim sought four reliefs [as actually stated in the writ of summons] against the defendant/appellant, namely, (1) N500,00 damages for trespass to land and harvesting palm fruits; (2) injunction…

Fabian Nwaturuocha Vs The State (1990) LawGlobal-Hub Lead Judgment Report C. M. CHUKWUMA-ENEH, JSC – I have had the advantage of reading before now the lead judgment prepared and delivered by my learned brother Fabiyi JSC in this matter. I agree with his reasoning and conclusion that the appeal lacks merit and should be dismissed.…