Ezeokafor Umeojiako & Anor Vs Ahanonu Ezenamuo & Ors (1990) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C.  The appellants were plaintiffs at the trial court and having lost their case there appealed to the Court of Appeal, Enugu Division, where their appeal was dismissed. Both parties are from the same locality, Ikenga, but from two different…

Chief Adenigba Afolayan Vs Oba Joshua Ogunrinde (1990) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C. On the 27th day of November, 1989, after considering the submissions of counsel for the appellant and respondents made to the court in their briefs in writing and orally before us in this court, I dismissed the appeal with N500.00 costs…

Gbaniyi Osafile & Anor V. Paul Odi & Anor (1990) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C. There are two separate appeals in this case each supported with its separate set of briefs. The first raises a somewhat novel issue as to the value, if at all, of a judgment, which has been declared null and…

Madam Jarawu Adeleke V. Liadi Ajadi Aserifa (1990) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C.  This is a case that has its main plank mere facts, not law. The land in dispute, Exhibit A, is a part of a large portion of land first settled by one Arolu over one hundred years ago. When Arolu died…

Monier Construction Company Ltd. V. Tobias I. Azubuike (1990) LawGlobal-Hub Lead Judgment Report AGBAJE, J.S.C.  On 12th February, 1990, I dismissed the appellant’s appeal summarily subject to the accidental slip of the lower court in the assessment of the damages due to the respondent which I corrected. I indicated then that I would give the…

Princess Bilewu Oyewunmi & Anor. V. Amos Owoade Ogunesan (1990) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C.  This appeal concerns land at Ogbomoso and raises the important issue of the customary law governing land ownership among the indegenes of Ogbomoso. The importance of this issue lies in the fact that the traditional Ruler of Ogbomoso who…

Okori Nwaezema & Ors. V. Obeta Nwaiyeke & Ors. (1990) LawGlobal-Hub Lead Judgment Report AGBAJE, J.S.C.  I allowed the appellant’s appeal summarily on 19/2/90 and remitted the case to the Anambra State High Court for a retrial. I indicated then that I would give reasons for my judgment today. I now proceed to do so.…

Kano State Urban Dev. Board Vs Fanz Construction Co. Ltd. (1990) LawGlobal-Hub Lead Judgment Report ABDUL GANIYU OLATUNJI AGBAJE, J.S.C.  The plaintiff company Fanz Construction Company Ltd., sued the defendant Board, Kano State Urban Development Board, in a Kano High Court claiming against it a total of N6,922,742.00 being damages for a breach of an…

Ngwuta Mbele V. The State (1990) LawGlobal-Hub Lead Judgment Report AGBAJE, J.S.C. On 19/4/90, I dismissed the appellant’s appeal summarily. I indicated then that I would give my reasons for doing so today. I now proceed to do so. The appellant, Ngwuta Mbele, was charged in an Abakaliki High Court of the Anambra State of…

Alhaji Nurudeen Olufunmise V.mrs Abiola Labinjo Falana (1990) LawGlobal-Hub Lead Judgment Report OBASEKI, AG. C.J.N. This appeal is against the decision of the Court of Appeal sitting on appeal from the decision of the High Court of Lagos State in the consolidated suit LD/521/75 and LD/828/75. The respondent was the plaintiff and the appellant was…