Alhaji Dahiru Saude V. Alhaji Halliru Abdullahi (1989) LawGlobal-Hub Lead Judgment Report UWAIS, J.S.C.  This case was commenced on the 18th day of February , 1981 in the High Court of Kaduna State by the respondent, as plaintiff, applying exparte under Order 1 rule 2(3) of the Fundamental Rights (Enforcement Procedure) Rules, 1979, S.1 (1)…

Lawrence Adebola Oredoyin & Ors. V. Chief Akala Arowolo & Ors. (1989) ESO, J.S.C. An appeal has been filed against the judgment of the Court of Appeal [Ademola, Uthman Mohammmed and Owolabi, JJ.C.A.]. The majority judgment, which was the judgment of the court, was written by Owolabi Kolawole, J.C.A., with which Adenekan Ademola, J.C.A., concurred,…

Benson Ukwunnenyi & Anor V. The State (1989) LLJR-SC LawGlobal-Hub Lead Judgment Report KARIBI-WHYTE, J.S.C. Appellants at the Anambra State High Court, sitting at Nsukka, were charged with two others for the murder of one Chukwuma Okoro. Appellants alone, were on the 23rd September, 1985 convicted and sentenced to death. The other two were discharged…

Obi Nwanze Okonji & Ors. V. George Njokanma & Ors (1989) LawGlobal-Hub Lead Judgment Report ESO, J.S.C. In this matter, there were two applications before the Court. We dealt with both on 13th June and reserved our reasons for the decisions we took in both. It would be better to go through each motion as…

Wahabi Alao & Anor V. Oladejo Ajani & Ors. (1989) LawGlobal-Hub Lead Judgment Report AGBAJE, J.S.C. The plaintiffs, Wahabi Alao & Anor., sued the defendants, Oladejo Ajani & Ors., in an Ibadan High Court. Since the Statement of Claim supercedes the writ of summons the plaintiffs’ claims against the defendants will be as contained in…

The Attorney General Of Lagos State V. The Hon. Justice L. J. Dosunmu (1989) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. This is an appeal from a reserved judgment of the Court of Appeal delivered on the 1st day of September, 1988. Akpata, J.C.A., wrote the lead judgment, while Babalakin and Awogu, J.J.C.A., concurred. Akpata, J.C.A.,…

Benignus Duru & Anor V. Jonathan Nwosu (1989) LawGlobal-Hub Lead Judgment Report NNAMANI, J.S.C.  This appeal is interesting from several perspectives. First, in substance it is about a case in which two communities are contending about title to a piece of land known as ALA-AMAEKE. Each community claims that the land in dispute formed part…

Akin Adejumo & Ors V. Ajani Yusuf Ayantegbe (1989) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C. This is an appeal by the Defendants against the judgment of the Court of Appeal, Ibadan Division, which had set aside the judgment of Aboderin, J. sitting in an Ibadan High Court. The claim before the High Court was as…

Col. Halilu Akilu V. Chief Gani Fawehinmi (No.2) (1989) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C.  This is a rather curious and intriguing case. The plaintiffs now appellants are claiming as “beneficiaries of the Estate of Mrs. Elizabeth Chinweze deceased.” There is no dispute that the appellants are the children of Mrs. Elizabeth Chinweze deceased. The…

Febisola Okwueze V. Paul Okwueze (1989) LawGlobal-Hub Lead Judgment Report UWAIS, J.S.C.  The respondent is Ibo from Onitsha in Anambra State of Nigeria while the appellant is Yoruba. Sometime in June, 1967 the appellant got married to the respondent under the native law and custom of Ondo in Ondo State of Nigeria. The respondent was…