Prof. Akin Mabogunje & Ors V. Mr. Ademola Adewumi Odutola & Ors (2002) LawGlobal-Hub Lead Judgment Report ADEKEYE, J.C.A. By a motion on notice, dated the 2nd day of October, 2001 and filed on the 3rd day of October, 2001, Chief Babatunde Olushola Benson SAN as an interested party/applicant prayed for the following order: “An…

Samuel Igbinoba V. Madam Victoria Igbinoba & Ors (2002) LawGlobal-Hub Lead Judgment Report AKAAHS, J.C.A. A comedy of errors resulting to the rather bizarre ex-parte order, has been played out in the case leading to this appeal. The substantive action is yet to take off from the ground. Pleadings are yet to be filed, talk…

Iya Lamido Hadejia V. Modibbo Yahya Ibrahim Jubawo (2002) LawGlobal-Hub Lead Judgment Report T. MUHAMMAD, J.C.A.  The Adamawa State Sharia Court of Appeal, Yola ordered for the retrial of the suit by the Upper Area Court holden at Gurin (trial court). The Appellant was the Plaintiff and the Respondent was the Defendant. The claim of…

Sebastine Okechukwu Mezu V. Co-perative & Commerce Bank Nig. Plc & Anor (2002) LawGlobal-Hub Lead Judgment Report IGNATIUS CHUKWUDI PATS ACHOLONU, J.C.A. This case arose from an action by the plaintiff/appellant against the defendants/respondents, particularly, the first respondent to whom the appellant had mortgaged his property by a deed of conveyance sometime in 1976. The…

Chika Dike & Ors V. Lawrence Nwoke & Ors (2002) LawGlobal-Hub Lead Judgment Report ABOYI JOHN IKONGBEH, J.C.A. T his is an appeal by the plaintiffs, representing two families. They had sued the defendants in the Imo High Court, sitting at Oguta, claiming a declaration of title to land, damages for trespass and injunction. Their…

Chief Funso Ologunde V. Carnaudmetal Box Toyo Glass Nigeia Plc (2002) LawGlobal-Hub Lead Judgment Report OLUFUNLOLA O. ADEKEYE, J. C. A.  This is an appeal against the judgment of the Ogun State High Court of Justice Ota Judicial Division delivered on the 4th of February 2000. The suit No FCH/154/94 before the lower court relates…

Alh. Abubakar Baban Ali V. Idi Buba Julde (2002) LawGlobal-Hub Lead Judgment Report T. MUHAMMAD, J.C.A. The case was sent by the High Court of Jalingo, Taraba State for a retrial by the Grade I Area Court sitting at Jalingo. (Trial Court). The complaint of the Plaintiff before the trial court was for the recovery…

Aaron Okoro Mbubu V. Anukwaeje Obori & Anor (2002) LawGlobal-Hub Lead Judgment Report SYLVANUS ADIEWERE NSOFOR, J.C.A. The appellants herein, qua plaintiffs in the Court of trial had claimed, as per paragraph 20 of the Amended Statement of claim jointly and severally against the defendants as follows:- “1. N1, 000 (one thousand Naira) as General…

Ntoe Edet Etim Omin & Ors V. Usang Ita Etim & Ors (2002) LawGlobal-Hub Lead Judgment Report OLAGUNJU, J,.C.A.  The appeal is from the decision of Ita, J., of Calabar Judicial Division of the Cross River State High Court, dismissing the appellants’ claims for trespass on Ikot Omin land, N50,000 damages and perpetual injunction restraining…

Major I. O. Amachree V. Nigerian Army (2002) LawGlobal-Hub Lead Judgment Report CHUKWUMA-ENEH, J.C.A. T The appellant Major I.O. Amachree, an officer in the Directorate of Army Policy and Plans, Army Headquarters, Lagos, was the second accused person, arraigned before the General Court Martial (GCM for short) in this matter charged with the following offences:-…