The Military Governor Of Lagos State & Ors. V. Chief Emeka Odumegwu Ojukwu & Anor. (1986) LawGlobal-Hub Lead Judgment Report ESO, J.S.C.  Ordinarily any court has a discretion to grant or refuse stay of execution pending an appeal but this is a discretion that must have to be exercised both judicially and judiciously bearing in…

J. Elabanjo V. Alhaja A. O. Tijani (1986) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. This is an appeal against the judgment of the Court of Appeal Lagos Division. In a lead judgment delivered by Uthman Mohammed, J.C.A. to which Nnaemeka-Agu and Kutigi, J.J.C.A. concurred, the Court of Appeal set aside the judgment of Oshodi, J.…

A. T. Bakare V. T. S. Apena (Deceased) & Ors. (1986) NNAMANI, J.S.C  On 28th April, 1986, I dismissed this appeal and indicated that I would give my reasons for that judgment today. I now give my reasons. In suit No. 10/168/75 the respondents herein, who were plaintiffs therein, claimed against the appellant, defendant therein…

Eloichin (Nigeria) Ltd & Ors V Victor Ngozi Mbadiwe (1986) LawGlobal-Hub Lead Judgment Report ANIAGOLU, J.S.C This appeal has come from the Court of Appeal, Lagos. The Respondents were the plaintiffs before the High Court of Lagos in a suit, filed on 12th April 1976, in which they joined to claim a sum of N250,…

Chief P. U. Ejowhomu V. Edok-eter Mandilas Limited (1986) LawGlobal-Hub Lead Judgment Report KARIBI-WHYTE, J.S.C. The main issue involved in this appeal concerns the question whether the Court of Appeal was entitled to consider and indeed determine the appeal on an issue not before it. The determination of this appeal rests entirely on the answer…

Western Steel Works Limited & Anor. V. Iron And Steel Workers Union Of Nigeria & Anor. (1986) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C. The respondents in this appeal seek (1) order of dismissal of the appeal for want of prosecution or alternatively, (2) an order striking out the appeal for non-compliance with section 31 of…

I. P. D. Abaye V. Ikem Uche Ofili & Anor. (1986) LawGlobal-Hub Lead Judgment Report UWAIS, J.S.C.  In this appeal the 1st respondent was the plaintiff in an action which he brought against the appellant in the Rivers State High Court, sitting at Port Harcourt. His claim as per the writ of summons reads as…

Victor Iyere & Ors. V. Simeon Duru & Anor (1986) LawGlobal-Hub Lead Judgment Report KAZEEM, J.S.C.  On 24th September, 1986, this appeal was allowed by me and the judgment of the Court of Appeal, Benin City dated 18th September, 1980 was therefore set aside. Accordingly, the judgment of the trial court dated 7th February, 1978…

Festus L. Adewunmi V. Plastex Nigeria Limited (1986) LawGlobal-Hub Lead Judgment Report COKER, J.S.C. The point in this appeal is short and direct and has aptly been stated in the Appellant’s brief in the following words:- “The Court of Appeal had held that counsel’s duty was to prosecute the appeal, and not to withdraw it…

A. M. O. Akinsanya V. United Bank For Africa Limited (1986) LawGlobal-Hub Lead Judgment Report KAYODE ESO, J.S.C. This appeal involves a most important aspect of commercial law. It deals with Bankers Commercial Credits, an aspect of law that arises in connection with international trade. From in between the First World War, and the Second…