Mrs. Jessie Balonwu V. Dr. Chike Chinyelu & Ors (1991) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A.  The appellant in this appeal was the plaintiff at the Onitsha High Court where she brought a suit against the respondents (as defendants) claiming the following reliefs: “(i) A declaration that the 1st defendant was not validly elected as…

J.A. Nwarie V. Dr. B. N. Amauwa & Ors. (1991) LawGlobal-Hub Lead Judgment Report KOLAWOLE, J.C.A. At the Aba High Court in Imo State in suit No. A/172/91 the plaintiff, Dr. Bethel Nkemdirim Amauwa, instituted an action against the respondents, Joseph Adiele Nwarie, the National Electoral Commission and the Attorney-General of Irno State in which…

National Electoral Commission & Anor V. Chief F.A. Nzeribe (1991) LawGlobal-Hub Lead Judgment Report AWOGU, J.C.A. This appeal is against the exercise of jurisdiction, and calls into question, once again, the extent to which ouster clauses in Decrees also oust the supervisory jurisdiction of our superior courts of record. The facts of the case are…

African Continental Bank Limited V. Obmiami Bricks & Stone (Nigeria) Limited (1990) LawGlobal-Hub Lead Judgment Report SAMSON ODEMWINGIE UWAIFO, J.C.A.  T he introduction into the Nigerian financial system of multiple and differing foreign exchange markets has made a lot of difference to business. The rates of exchange are not the same. The transition from a…

African Continental Bank Limited & Anor V. A. O. Awogboro & Anor (1990) LawGlobal-Hub Lead Judgment Report ADEMOLA, J.C.A. This is an appeal against the interlocutory injunction granted by Olorunnimbe, J., sitting in the Lagos High Court, Ikeja Division in this matter, on the 13th January, 1986. The 1st plaintiff/respondent was mortgagor to the 1st…

Ado Masa Ogugu & Ors V. The State (1990) LawGlobal-Hub Lead Judgment Report BABALAKIN, J.C.A.  Before the Lagos State High Court the 5 appellants and others were charged with the offence of conspiracy to commit robbery punishable under Section 403(A) of Criminal Code (Amendment No.1) Law, 1980 and robbery of various persons contrary to Section…

Wuraola Abeo & Anor V. Toye Ogunyemi & Ors (1990) LawGlobal-Hub Lead Judgment Report SULU-GAMBARI, J.C.A.  This is an application to relist an appeal struck out for what looked like want of diligent prosecution by the appellants. When the case came up for consideration before this court, counsel for the appellants appeared in court only…

Alex Oladele Elufioye & Ors V. Ibrahim Halilu & Ors (1990) LawGlobal-Hub Lead Judgment Report AWOGU, J.C.A. Two interlocutory appeals have reached this court from the decisions of Adeniji, J., and Segun, J., in the above suit. The first, dated 5th December, 1988, was in respect of the discharge of an ex-parte order in favour…

Adeyemi Candide-johnson V. Mrs. Esther Edigin (1990) LawGlobal-Hub Lead Judgment Report ACHIKE, J.C.A. On 22nd December, 1987, at the Chief Magistrate Court No.8, Kano, presided over by Her Worship, Mrs. Esther A. Edigin, Ag. Chief Magistrate, Grade 2, Mr. Adeyemi Candide-Johnson appeared in that court as counsel to the accused in the case of Commissioner…

Ekwealor Ifekwu & Anor V. Chuba Mgbako & Ors (1989) LawGlobal-Hub Lead Judgment Report SAMSON ODEMWINGIE UWAIFO, J.C.A. The appellants were convicted for contempt of court on 9th September, 1985 and sentenced to a term of 3 months’ imprisonment each by C. Olike J., sitting at the Onitsha High Court. They were alleged to have…