Inyaki Abe & Ors V. Iorhemba Akaajime (1989) LawGlobal-Hub Lead Judgment Report ADIO, J.C.A. The claim of the respondent, who was the plaintiff in the Area Court, Nyamatsor, holden at Abwa, Benue State, was as follows: “The plaintiff claims his area of farmland from you defendant.” The evidence led in the trial Area Court by…

Retired Major J.a. Ogbole V. Private Clement Onah (1989) LawGlobal-Hub Lead Judgment Report MAIDAMA, J.C.A.  This appeal arose from an action filed by the present appellant, in the Upper Area Court at Otukpo, where his claim was for the return of the disputed child -Echeja and the sum of Two Thousand Naira (N2,000.00) as damages…

Col. Halilu Akilu & Anor V. Chief Gani Fawehinmi (1989) LawGlobal-Hub Lead Judgment Report OGUNDERE, J.C.A. For a proper understanding of this appeal, it is necessary to give a synopsis of events before the ruling of Agoro, J., at the Lagos High Court dated 8th April, 1988, now appealed. Chief Fawehinmi, the applicant, by a…

Paul N. Uzor & Ors V. Jannasons Company Limited (1989) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A.  This interlocutory appeal questions the propriety of an order appointing a receiver made by Aneke, J., on 30 October, 1986 at the Onitsha High Court. The order was made following an application by the plaintiff who had originally sued…

Stephen Nweke & Anor V. Eze V. E. D. Orji (1989) LawGlobal-Hub Lead Judgment Report SAMSON ODEMWINGIE UWAIFO, J.C.A. This is one of those applications which counsel should refrain from bringing. It achieves nothing but waste of time and money. What is remarkable about it, however, is the important legal procedure it has raised. The…

Keepler Hausban (Nig.) Ltd. V. Hon. Justice T. A. Irinoye & Ors. (1989) LawGlobal-Hub Lead Judgment Report UMARU MAIDAMA, J.C.A.  On the 21st of October, 1985. Anisiobi J., sitting in the High Court of Justice, Yola, Gongola State, struck out the appellant’s application for an interlocutory injunction in which the applicant sought an order of…

Mrs. Alero Jadesimi V. Mrs. Victoria Okotie-eboh & Ors (1989) LawGlobal-Hub Lead Judgment Report AKPATA, J.C.A.  By Order 13 rule 13 of the High Court of Lagos State (Civil Procedure) Rules 1972, trustees, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are…

Chief Hope Harriman V. Mrs. Irene Harriman (1989) LawGlobal-Hub Lead Judgment Report OMO, J.C.A. This is an appeal against the ruling of Akhigbe, J., sitting in the High Court of Bendel State, Warri Division, granting the application of the respondent for a stay of proceedings in the Divorce petition filed by the Petitioner in that…

Chief Mene Kenon & Ors V. Chief Albert Tekam & Ors (1989) LawGlobal-Hub Lead Judgment Report OMOSUN, J.C.A. This is an application by the defendants/appellants asking for the following prayers: 1.An order that the judgment of the High Court of Rivers State, Bori to wit; the order of perpetual injunction restraining the appellants/applicants be stayed…

Oswald J. Vanderpuye V. Coker Gbadebo (1989) LawGlobal-Hub Lead Judgment Report BABALAKIN, J.C.A.  The respondent as plaintiff in the Lagos State High Court, took action against the appellant as defendant for the sum of N90,000.00k as damages for breach of agreement both oral and in writing made on 6th day of October, 1976 between the…