System Metal Industries Ltd. V. James Ehizo (2002) LawGlobal-Hub Lead Judgment Report MUKHTAR, J.C.A. A writ of summons on the undefended list, was taken out by the plaintiff, who is now the respondent, against the appellant in the High Court of Bauchi State. The particulars of claim are as follows:- “The plaintiff (sic) claim against…

Kosofe Local Government V. Segun Demuren (2002) LawGlobal-Hub Lead Judgment Report GALADIMA, J.C.A. This is a motion on notice, brought by the appellant pursuant to Order 3 rules 3 (1) (3) and (4) of the Court of Appeal Rules, 1981, praying the court for the following reliefs: The application is supported by a 20 paragraph…

Alhaji Dabo Kankara V. The Commissioner of Police, Katsina State & Ors (2002) LawGlobal-Hub Lead Judgment Report MOHAMMED, J.C.A.  This is an Appeal against the judgment of the Katsina State High Court of Justice, sitting at Katsina and delivered by Abdullahi Yusuf, J., on 14/7/94, striking out an action brought before that court, by an Originating…

Emmanuel U. Ezenwere & Anor. V. Donald Ezenwere & Ors. (2002) LawGlobal-Hub Lead Judgment Report M.E. AKPIROROH, J.C.A. This is an appeal against the decision of the Owerri High Court sitting at Owerri, delivered on 27th July, 1993 in Suit No. HOW/302/87. The Respondents’ case in the lower court put briefly was that the deceased…

Boniface B. Gwar V. S. O. Adole (2002) LawGlobal-Hub Lead Judgment Report MANGAJI, J.C.A.  This is an appeal against the decision of Ogbole J., sitting in the Makurdi Judicial Division of the Benue State High Court, in Suit No. MHC/219/94 dated 28/6/99, wherein he entered judgment for the respondent as plaintiff in a suit involving…

Afribank Nigeria Plc & Anor V. Snc Lavalin Nig. Ltd. (2002) LawGlobal-Hub Lead Judgment Report SALAMI, J.C.A. In this appeal, the defendants are appealing against the refusal of the trial court to set aside its decision in an action brought under undefended list. The plaintiff commenced an action in Zamfara State High Court of Justice…

Hajiya Hauwa Tanko V. Kaduna North Local Government (2002) LawGlobal-Hub Lead Judgment Report MAHMUD MOHAMMED, J.C.A. The dispute between the parties in this appeal started before the High Court of Justice of Kaduna State at Kaduna where the Appellant as the Plaintiff by a Writ of Summons instituted an action against the Respondent which was…

Ganiyu Badaru V. Somolu Community Bank (Nigeria) Limited (2002) LawGlobal-Hub Lead Judgment Report GALADIMA, J.C.A. The respondent was the plaintiff, before the Lagos State High Court in suit No. ID/2460/94, wherein it claimed against the appellant as the defendant, the specific performance of the contract of sale of the landed property, situate at and known…

United Bank for Africa V. Mr. S. D. Folarin & Anor (2002) LawGlobal-Hub Lead Judgment Report CHUKWUMA-ENEH, J.C.A.  The plaintiffs’ claim against the defendant in the court below i.e. High Court of Lagos (Coram Shitta-Bey, J.) is for the sum of N10 million, being special and general damages suffered by the plaintiffs (respondents) particularised as…

Bank of the North Limited & Anor V. C. T. Akpaja (2002) LawGlobal-Hub Lead Judgment Report SUNDAY AKINOLA AKINTAN, J.C.A. The appellants were the defendants, while the respondent was the plaintiff in this action, which was instituted at lbadan High Court as Suit No. I/1029/90. The plaintiff’s claim in the suit was for a number…