Peter Pav Dzungwe V. Oram Gbishe & Anor (1985) LawGlobal-Hub Lead Judgment Report O. KAZEEM, J.S.C. This is an appeal against the decision of the Court of Appeal, Kaduna delivered on 21st April, 1983 which reversed the judgment of the High Court, Makurdi of 18th November, 1980. At the High Court, the plaintiff, one Peter…

Dibie Ajuwa & Ors. V. Sebastian Benjamin Odili (1985) LawGlobal-Hub Lead Judgment Report O. COKER, J.S.C. In the High Court of Bendel State, the plaintiff, on behalf of the Arumona Family of Aboh, claimed from the three defendants – . (1) damages for trespass, in that they entered the land in dispute at a place…

Legal Practitioners Disciplinary Committee V. Chief Gani Fawehinmi (1985) LawGlobal-Hub Lead Judgment Report A. N. ANIAGOLU, J.S.C.  The proceedings in this appeal relate to a Legal Practitioner who is a Solicitor and Advocate of the Supreme Court of Nigeria, one Gani Fawehinmi Esq., of 28, Sabiu-Ajose Crescent, Surulere, Lagos, and concerns a professional misconduct allegedly…

Samson Awoyale V. Joshua O. Ogunbiyi (1985) LawGlobal-Hub Lead Judgment Report BELLO, J.S.C.  This judgment only deals with the constitutional issue, to wit, whether the High Court of Kwara State delivered its decision not later than 3 months after the conclusion of final addresses as prescribed by section 258(1) of the Constitution when the case…

Mr. Salami Afolabi & Ors. V. Governor Of Oyo State & Ors. (1985) LawGlobal-Hub Lead Judgment Report N. ANIAGOLU, J.S.C. On 24th June, 1985, this appeal was allowed, the judgment of the Court of Appeal set aside, and the judgment of the High Court of Oyo State holden at Oshogbo (Oloko, J.) restored with N300.00…

Adesina Oke & Anor V. Shittu Atoloye & Ors. (1985) O. COKER, J.S.C.  On the 6th day of May, 1985, the preliminary point impugning the jurisdiction of the (Federal) Court of Appeal to hear and determine the appeal against the decision of the former Western State Court of Appeal, delivered on the 20th day of…

Samuel Bozin V. The State (1985) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. This appeal was heard on Thursday, 16th May, 1985. After carefully reading the records of proceedings, the Briefs of Argument filed on both sides. and listening to learned counsel, the Court decided to allow the appeal. The appeal was then allowed, the judgments…

Ogwa Nweke Onah V. The State (1985) LawGlobal-Hub Lead Judgment Report L. UWAIS, J.S.C.  This appeal was allowed on the 17th September, 1985. The conviction of murder and the sentence of death passed on the appellant were quashed and in their place we substituted a verdict of acquittal and discharge. Our reasons for doing so…

Evarist Eze V. The State (1985) LawGlobal-Hub Lead Judgment Report C. A. OPUTA, J.S.C.  The court heard the above appeal on the 10th day of September, 1985. After close and careful study of the record of proceedings and the Briefs filed by counsel on either side; and after listening to oral arguments by counsel, in…

Attorney-general Of Kaduna State V. Mallam Umaru Hassan (1985) LawGlobal-Hub Lead Judgment Report A. G. IRIKEFE, J.S.C.  Following upon an outbreak of communal violence at JIKAMSHI VILLAGE, in the KANKIA LOCAL GOVERNMENT AREA OF KADUNA STATE, one ABDUL RASHID UMARU lost his life, and arising therefrom, certain villagers were arrested and charged with the culpable…