Madam Safuratu Salami & Ors. V. Sunmonu Eniola Oke (1987) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C.  On the 6th day of July, 1987, I dismissed the appellants’ appeal to this Court. I then indicated that I would today, give reasons for my decision. I now give those reasons. The appellants were defendants in suit No…

Musa Iyaji V. Sule Eyigebe (1987) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. On the 15th February, 1980 the High Court of Benue State ordered a retrial of Suit No. ID/52A/79 (Ex. D16) on the ground that there were “substantial irregularities” in the way the evidence of the P.W.3 (a very material witness) was given. The…

Emmanuel M. O. Chukwuogor V. Richard Obigigbo Obuora (1987) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C.  This appeal has its genesis in an action filed in the High Court of East Central State in the Anambra/Awka Judicial Division holden at Awka on the 27th day of April, 1974, i.e. just over 13 years ago. The claim…

Chief S.B. Bakare Vs African Continental Bank Limited (1986) LawGlobal-Hub Lead Judgment Report ANIAGOLU, J.S.C. In this interlocutory appeal, the dispute is as to which of the parties, in the consolidated suit, will begin, in the trial of the suit. The Respondents – the African Continental Bank Ltd., hereinafter simply referred to as the Bank…

Irenuma Odiase & Ors Vs Vincent Agho & Anor (1986) LawGlobal-Hub Lead Judgment Report LEWIS, JSC.  In Suit B/18/68 in the Benin High Court, the plaintiffs filed an originating summons in the following terms:- “IN THE MATTER OF THE CONSTRUCTION OF DOCUMENTS IN THE MATTER OF THE LOCAL GOVERNMENT LAW (CAP. 68) SECTION 13. IN…

Otuaha Akpapuna & Ors Vs Obi Nzeka Ii &ors (1986) LawGlobal-Hub Lead Judgment Report IRIKEFE JSC.  The proceedings giving rise to this appeal were commenced by the respondents before this court in the then ASABA-OGWASHI-UKU Judicial Division of the HIGH COURT OF MID-WESTERN STATE (NOW BENDEL) of Nigeria. The claim reads as follows:– “(a) A…

Mosunmola Iyabola Fadayomi Vs Oludolapo Omoniyi Sadipe (1986) LawGlobal-Hub Lead Judgment Report COKER, J.S.C This appeal was dismissed on the 27th day of February, 1986 and, as indicated, I now give my reasons. The Appellant, is the 3rd plaintiff in this probate action. The action was instituted in the High Court of Lagos State for…

Atipioko Ekpan & Anor. V. Chief Agunu Uyo & Ors. (1986) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C. The main issue raised for determination in this appeal is as to the absence of any locus standi in the plaintiffs’/respondents’ to institute the proceedings in respect of which the judgment delivered in the High Court led in…

Bookshop House Ltd. V. Stanley Consultants Ltd. (1986) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. The facts of this case are quite straightforward and simple. The Appellant, the Bookshop House Ltd. wanted to erect a multi storey ultra modern office block. Their architects Messrs Godwin and Hopwood then invited the Respondents, Stanley Consultants Ltd. to undertake…

Udo Akpan V. The State (1986) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. The appellant was in the court of first instance charged with two offences namely: The prosecution called a total of six prosecution witnesses. The key prosecution witness was Marcus Imahe called as PW1. He was on 29/5/80 the driver of the Peugeot taxi…