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African Continental Bank Limited V. Alexander Ilukwe Egbunike & Anor (1988) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A. The appellants were the plaintiffs in the lower Court. They had claimed from the defendants jointly and severally as follows:-“(1) The sum of N800,312.28 (Eight hundred thousand, three hundred and twelve naira, twenty eight kobo) balance of overdraft…
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Archibong Ekpanya V. Grace S. Akpan & Ors (1988) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A. It seems to me two main issues arose for a decision in the court below. The first is the correct procedure to be taken when a defendant decides not to call evidence in a civil case. In this particular case…
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Elsie Agba & Anor V. Samuel Okogbue (1988) LawGlobal-Hub Lead Judgment Report OWOLABI KOLAWOLE, J.C.A. In this application, the Defendants who have appealed to the Supreme Court against the decision of this Court are asking for a stay of execution of the said judgment on the familiar grounds namely:(1) That the enforcement of the judgment…
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Robert C. Okafor & Ors V. The Attorney-general and Commissioner for Justice Anambra State & Ors (1988) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A. This ruling is upon two applications both of which were brought by applicants who were the plaintiffs in the lower court. The first of the applications was filed on 17th March, 1987…
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Chief Nelson T. Gbe V. Apostle Paul Selede Esewe & Ors (1988) LawGlobal-Hub Lead Judgment Report OMO, J.C.A. In this application the respondent/appellant is seeking leave of this court to appeal against two rulings/decisions delivered by the Warri Division of the Bendel State High Court presided over by Honourable Justice Omoluabi on the 16th February,…
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Bertrand Nnonye V. Chief D. N. Anyichie & Ors (1988) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A. The 3rd respondent applicant contested the Local Government Election held on 12 December, 1987 for the office of councillor for Ifite-Ukpo Ward in the Njikoka Local Government Area. He was declared elected as councillor into the Njikoka Local Government…
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Chief Chukwuma Onuzulike & Ors V. His Royal Highness C.o. Nwokedi Utoko Iv, (Igwe of Achalla) (1988) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A. The circumstances in which an interim order sought upon an ex-parte application may be granted have not in recent times in this country,in many cases, been fully taken into consideration in judicially…
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Chief Akowa Nwako & Ors V. The Governor of Rivers State of Nigeria & Ors (1988) LawGlobal-Hub Lead Judgment Report OWOLABI KOLAWOLE, J.C.A. On the 14th November, 1988 when this appeal came up for hearing, learned counsel for the 3rd to 8th respondents, Mr.C. A. B. Akparanta, raised a preliminary objection to grounds 2, 3,…
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Chief Eyo Ogboni & Ors V. Chief Ojah Ojah & Ors (1988) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A. The procedure for committal under Order 9 rule 13 of the Judgments (Enforcement) Rules pursuant to Section 71 of the Sheriffs and Civil Process Law (Cap 108) of the Cross River State is quite often misunderstood, particularly…
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Alhaji Baban Sule V. Gajere Hamidu (1988) LawGlobal-Hub Lead Judgment Report AIKAWA, J.C.A. This is an appeal against the decision of the High Court Kaduna, sitting in its appellate jurisdiction setting aside the decision of the Upper Area Court, Zaria, and affirming the decision of trial Markarfi Area Court. In the said trial at Markarfi…