A. Adebanjo V. A. A. Brown (1990) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C. Alfred Adeyinka Brown, who was the original plaintiff in this case in the High Court died on the 6th day of September, 1984, and the present respondent, one of his children, was substituted in his place. So all references to “the Plaintiff”…

Niger Progress Limited V. North East Line Corporation (1989) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C.  The short point in this appeal is whether the appellant is entitled to have proceedings in the claim before the High Court stayed pending its reference to an arbitrator and the hearing and determination of the arbitration. The appellant’s brief…

Federal Civil Service Commission & Ors V. J.O. Laoye (1989) LawGlobal-Hub Lead Judgment Report ESO, J.S.C. This appeal has been brought by the Federal Civil Service Commission, the Ministry of External Affairs, and the Attorney-General of the Federation against the judgment of the Court of Appeal, Lagos Division, as per Uthman Mohammed, J.C.A., concurred to…

Hon. Nze Herbert Osuji Vs Anthony Isiocha (1989) LawGlobal-Hub Lead Judgment Report WALI, J.S.C.  The plaintiff claims against the defendants jointly and severally, general damages for malicious destruction of his building on the land leased to him by the defendants’ father, situate at No.2 Owerri/Onitsha Road, Owerri (formerly known as No.1 Owerri/Onitsha Road). The plaintiff…

Chief L. Oyelakin Balogun V. Alhaji Busari Amubikahun (1989) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C. The appellant is a legal practitioner based at Ibadan. In his private capacity, he has a land dispute with the respondent in one of the Courts in that city. Sometime in March, 1979, with the land case still pending in…

Narumal & Sons Nigeria Ltd. V. Niger Benue Company Ltd. (1989) LawGlobal-Hub Lead Judgment Report NNAMANI, J.S.C. This suit which had a chequered history initially started in the Warri Judicial Division of the High Court of Bendel State as W/102/77. It was subsequently transferred to the Federal High Court, Lagos, on 20th April, 1978. In…

Tejumade A. Clement & Anor V. Bridget J. Iwuanyanwu & Anor (1989) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. On the 31st January, 1989, the Court heard this appeal. After reading the Briefs of Argument filed by the parties and hearing learned counsel for the appellants elaborate some of the points agitated in his Brief, I…

Uwakwe Vs Odogwu (1989) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C. The proceedings leading to this interlocutory appeal originated in the Onitsha Judicial Division of the High Court of Anambra State. In that court the appellants herein, as plaintiffs instituted an action in Suit No.0/110/80 against the first set of respondents only claiming as follows:- “(1)…

John Uwakwe & Ors V. Julius Agom Odogwu & Ors (1989) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C.  The proceedings leading to this interlocutory appeal originated in the Onitsha Judicial Division of the High Court of Anambra State. In that court the appellants herein, as plaintiffs instituted an action in Suit No.0/110/80 against the first set…

Chief Gani Fawehinmi V. Nigerian Bar Association & Ors (No.2) (1989) LawGlobal-Hub Lead Judgment Report AGBAJE, J.S.C Lead Judgment The plaintiff, Chief Gani Fawehinmi, commenced this action against the Nigerian Bar Association and the General Council of the Bar as Defendants by an originating summons. In it the plaintiff claimed the following reliefs: “(1) A…