Alexander Madiebo & Ors V. Godwin Nwachukwu Nwankwo (2001) LawGlobal-Hub Lead Judgment Report GALADIMA, J.C.A. This is an interlocutory appeal, against the ruling of the High Court of Lagos in suit No. ID/57M/97, presided over by Adeyinka, J., delivered on the 5th day of December, 1997. The facts of this case are rather straight forward.…

Calabar Central Co-operative Thrift & Credit Society & Ors. V. Bassey Ebong Ekpo (Substituted by Edet Bassey Ekpo) (2001) LawGlobal-Hub Lead Judgment Report EKPE, J.C.A. By an Originating Summons issued at the instance of the plaintiff now respondent by Calabar High Court of Cross River State, against the defendants now appellants, the respondent sought for…

Uchenna Nwachukwu & Anor V. The State (2001) LawGlobal-Hub Lead Judgment Report IKONGBEH, J.C.A. Each of the two appellants, was convicted on the 21st day of July, 1995, of the murder of one, Benjamin Iheama, hereinafter called deceased, contrary to section 319(1) of Criminal Code, by the Owerri High Court, and sentenced to death by…

Igwe Josiah Agu & Ors. V. Ozo I. O. U. Anyalogu & Ors. (2001) LawGlobal-Hub Lead Judgment Report FABIYI, J.C.A. This is an appeal against the ruling, handed out by Ugwu, J., as he then was, sitting at Enugu High Court, on 16th April, 1997. It is apt to state briefly, the background facts leading…

Alhaji Ado Ibrahim & Company Ltd & Anor V. Eldestein (Nigeria) Ltd (2001) LawGlobal-Hub Lead Judgment Report A. BA’ABA, J. C. A. This is an appeal against the judgment of Edo State High Court, sitting in Auchi Judicial Division, delivered on the 12/10/94. The action was founded on trespass of a piece or parcel of…

Miss Clementine Ricketts & Ors V. Oba a. K. Hassan (2001) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A.  The appellants were the plaintiffs in suit No. ID/584/89, before the Ikeja High Court, and had claimed against the respondent (as the defendant) for the following: “(i) The sum of Two thousand naira damages for trespass. (ii) A…

Alfred Yahaya V. Felix Chukwura (2001) LawGlobal-Hub Lead Judgment Report MANGAJI, J.C.A. This is an appeal from the Judgment of S.O. Adagun, J. sitting in the Biu Judicial Division of Borno State, in Suit No. BU/18/89, dated 31/10/91, wherein the respondent herein, as plaintiff in the court below was awarded N15,000.00 (Fifteen Thousand Naira) general…

Abdullahi Pate & Anor. V. Mohammed Gali (2001) LawGlobal-Hub Lead Judgment Report VICTOR AIMEPOMO OYELEYE OMAGE J.C.A, The respondent in this appeal commenced proceedings in the Upper Area Court Zaria against the appellant for the recovery from the appellant, the sum of N48,000. The said sum, the Respondent as plaintiff alleged is for payment for…

Major Bukar Alibe (Rtd) V. Alhaji Yaro (2001) LawGlobal-Hub Lead Judgment Report C. NZEAKO, J.C.A.  At the High Court of Justice, Borno State of Nigeria, the appellant herein, was the plaintiff. By a writ of summon filed on 20/3/93, he sought the following relief: After parties filed and exchanged pleadings and led evidence, the learned…

Hycin Sun Hydraulic Machinery (Nig.) Ltd. V. Ringim Galadanci (Nig.) Ltd. (2001) LawGlobal-Hub Lead Judgment Report VICTOR AIMEPOMO OYELEYE OMAGE J.C.A. The issues formulated for determination in this appeal are averred by the appellant to have been made from eight original grounds of appeal contained in the notice of appeal filed on 17th day November,…