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Mrs. H. B. Adejumo V. David Hughes and Company Limited (1989) LawGlobal-Hub Lead Judgment Report AKPATA, J.C.A. The question of a Judge taking suo motu a legal point and basing his judgment on the legal point so taken without calling on counsel to address him on it crops up in this appeal. One of the…
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Dopemu Taiwo Adeyeri & Ors V. Akinbode Okobi & Ors (1989) LawGlobal-Hub Lead Judgment Report OGWUEGBU, J.C.A. The plaintiffs/appellants/applicants brought this application pursuant to S.213 of the Constitution of the Federal Republic of Nigeria, 1979, as amended praying for:- “(a) An order granting leave to the plaintiffs/applicants to appeal against the judgment of this Honourable…
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Anthony Okokhue V. Joseph Obadan & Ors (1989) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.C.A. Following the local government elections held on 12/12/87,the 1st respondent was declared duly elected Councillor for Ward 3 in Agbazilo Local Government. The petitioner/appellant who was a candidate at the said election and who was dissatisfied with the result, filed two…
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Edokpolo & Company Limited V. Sem-edo Wire Ind. Limited & Ors (1989) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.C.A. The appellant in this interlocutory appeal was plaintiff in suit No.FHC/W/4/79 still pending in the Federal High Court, Benin. The appellant company had sued the respondents as defendants claiming various declarations and an order for specific performance.…
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S. A. Bamisile V. J. J. Adollo & Ors (1989) LawGlobal-Hub Lead Judgment Report AKPATA, J.C.A. The plaintiffs succeeded in their action in the High Court for a declaration of title to a parcel of land situate at Eleregun, Ikeja District of Lagos State. The defendant’s appeal was dismissed by this Court on Monday the…
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Inyaki Abe & Ors V. Iorhemba Akaajime (1989) LawGlobal-Hub Lead Judgment Report ADIO, J.C.A. The claim of the respondent, who was the plaintiff in the Area Court, Nyamatsor, holden at Abwa, Benue State, was as follows: “The plaintiff claims his area of farmland from you defendant.” The evidence led in the trial Area Court by…
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Retired Major J.a. Ogbole V. Private Clement Onah (1989) LawGlobal-Hub Lead Judgment Report MAIDAMA, J.C.A. This appeal arose from an action filed by the present appellant, in the Upper Area Court at Otukpo, where his claim was for the return of the disputed child -Echeja and the sum of Two Thousand Naira (N2,000.00) as damages…
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Col. Halilu Akilu & Anor V. Chief Gani Fawehinmi (1989) LawGlobal-Hub Lead Judgment Report OGUNDERE, J.C.A. For a proper understanding of this appeal, it is necessary to give a synopsis of events before the ruling of Agoro, J., at the Lagos High Court dated 8th April, 1988, now appealed. Chief Fawehinmi, the applicant, by a…
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Paul N. Uzor & Ors V. Jannasons Company Limited (1989) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A. This interlocutory appeal questions the propriety of an order appointing a receiver made by Aneke, J., on 30 October, 1986 at the Onitsha High Court. The order was made following an application by the plaintiff who had originally sued…
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Stephen Nweke & Anor V. Eze V. E. D. Orji (1989) LawGlobal-Hub Lead Judgment Report SAMSON ODEMWINGIE UWAIFO, J.C.A. This is one of those applications which counsel should refrain from bringing. It achieves nothing but waste of time and money. What is remarkable about it, however, is the important legal procedure it has raised. The…