African Ivory Insurance Company Ltd & Ors V. Commissioner for Insurance (1997) LawGlobal-Hub Lead Judgment Report AYOOLA, J.C.A.  The two short questions that have arisen on this appeal are: i. whether the Commissioner for Insurance can be sued by using his ii. whether the trial Judge was right when she held that an association which…

ACB Limited V. Sabastine Ufondu (1997) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A. The respondent was the plaintiff before the Maiduguri High Court in suit No. M/9/86 and the appellant the defendant. The appellant (hereinafter referred to as the defendant) is a banking organization. It employed the plaintiff. The plaintiff later rose to the status of…

Abraham Adekunle & Ors. V. Chief Akinremi Aremu & Ors. (1997) LawGlobal-Hub Lead Judgment Report MUKHTAR, J.C.A. This is an action taken in representative capacities by the plaintiffs who belong to various family chieftaincies of Ilero, against the holder of Sobaloju chieftaincy and some officials of the Government. According to the plaintiffs the Sobaloju chieftaincy…

Simbiatu Agboke & Anor. V. Jimoh Igbira & Anor. (1997) LawGlobal-Hub Lead Judgment Report OKUNOLA, J.C.A. This is an appeal against the judgment of the Ogun State High Court holden at Abeokuta presided over by Oduntan J. dated 16/2/89 ‘whereby the plaintiffs’ claims were dismissed in all its entirety. The facts of this case briefly…

Asiata Abubakar V. Alhaji Bashiru Falola & Anor (1997) LawGlobal-Hub Lead Judgment Report OGEBE, J.C.A. The 1st respondent sued the present appellant as 2nd defendant and the present 2nd respondent as 1st defendant before the High Court of Kaduna in a writ of summons endorsed as follows: ‘The plaintiff claims against the defendants jointly and…

Architect Zubairu Ahmed V. Mallam Ahmed Dasuki (1997) LawGlobal-Hub Lead Judgment Report OGEBE, J.C.A. This appeal arose from the interlocutory ruling of the High Court of Kaduna State restraining the appellant from operating in the partnership name of TRIAD ASSOCIATES pending the determination of the substantive suit. The appellant sued the respondent before the lower…

Sunday Malgit V. Timothawus Dachen (1997) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A.  The appellant was the plaintiff before the Upper Area Court, Pankshin. The plaintiff sued the respondent, as the defendant, claiming the ownership of a piece of land. In reaction, the defendant brought a motion praying the court to “dismiss suit No. CV/142/90 on…

Alhaji Lawan Bukar V. Kaka Ali & Ors (1997) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A.  The appellant was the plaintiff at the Monguno High Court of Borno State where he brought a suit against the respondents (as defendants) claiming the following reliefs: “(a) A declaration that the purported appointment and installation of the first defendant…

Chief Dennis E.a. Etaluku V. Attorney-general, Delta State & Ors. (1997) LawGlobal-Hub Lead Judgment Report AKINTAN, J.C.A. This is an appeal from two rulings delivered by Ogbodu J., sitting at Oleh High Court in Delta State on 22/5/95. The claim before the court was in respect of chieftaincy tussle between the appellant who was the…

Emmanuel Onyejiaka V. The State (1997) LawGlobal-Hub Lead Judgment Report KATSINA-ALU, J.C.A  This is an appeal against the judgment of Njiribeako, J., of the Imo State High Court delivered on 1st March, 1994 whereby he convicted the appellant Emmanuel Onyejiaka of the murder of one Anthony Ohazuruike under Section 319(1) of the Criminal Code and…