Taiwo Ajani V. Situ Giwa (1986) LawGlobal-Hub Lead Judgment Report UWAIS, J.S.C. The appellant was the plaintiff in an action which he instituted in 1970against the respondent as defendant. In paragraph 30 of his further amended statement of claim the plaintiff claimed for himself and on behalf of Agbaruru family as follows – “(1) A…

John Chukwuka & Ors. V. Ndubueze Gregory Ezulike (1986) LawGlobal-Hub Lead Judgment Report ANIAGOLU, J.S.C.  A PRELIMINARY OBJECTION has been taken to the motion on notice of the Defendants who, in their application dated 25th August 1986, are seeking for an order of court granting them the following reliefs: (i) pursuant to Section 31(4) of…

Chief James Ntukidem & Ors. V. Chief Asuquo Oko & Ors. (1986) LawGlobal-Hub Lead Judgment Report KAZEEM, J.S.C. On the 13th of October, 1986, I allowed this appeal, set aside the decision of the Court of Appeal, Enugu and remitted the appeal to that Court for hearing on the merit. I then reserved my reasons…

A.P. Anyebe V. The State (1986) LawGlobal-Hub Lead Judgment Report RIKEFE, C.J.N. This appeal raises issues as to whether a State Attorney-General can prosecute a patently Federal Offence without express delegation from the Federal Attorney-General. Mr. Horn, the Honourable Attorney-General and Commissioner for Justice, Benue State, states that he is not now opposing the appeal…

Anachuna Anyaoke & Ors. V. Dr. Felix C. Adi & Ors. (1986) LawGlobal-Hub Lead Judgment Report BELLO, J.S.C. The unfortunate incident which gave rise to this case was the execution of Nasiru Bello, hereinafter referred to as the deceased, by the agents of the Oyo State Government in execution of the sentence of death passed…

D. O. Oghene & Sons Ltd. V. W. E. Amoruwa & Anor. (1986) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C. The appellants, who were plaintiffs in the Senior Magistrate’s Court, Sapele, had sued the respondents claiming as follows:- “The plaintiff is entitled to possession of premises (comprising 2 store rooms) situate at No. 11/4 Market Road,…

The Military Governor Of Lagos State & Ors. V. Chief Emeka Odumegwu Ojukwu & Anor. (1986) LawGlobal-Hub Lead Judgment Report ESO, J.S.C.  Ordinarily any court has a discretion to grant or refuse stay of execution pending an appeal but this is a discretion that must have to be exercised both judicially and judiciously bearing in…

J. Elabanjo V. Alhaja A. O. Tijani (1986) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. This is an appeal against the judgment of the Court of Appeal Lagos Division. In a lead judgment delivered by Uthman Mohammed, J.C.A. to which Nnaemeka-Agu and Kutigi, J.J.C.A. concurred, the Court of Appeal set aside the judgment of Oshodi, J.…

A. T. Bakare V. T. S. Apena (Deceased) & Ors. (1986) NNAMANI, J.S.C  On 28th April, 1986, I dismissed this appeal and indicated that I would give my reasons for that judgment today. I now give my reasons. In suit No. 10/168/75 the respondents herein, who were plaintiffs therein, claimed against the appellant, defendant therein…

Eloichin (Nigeria) Ltd & Ors V Victor Ngozi Mbadiwe (1986) LawGlobal-Hub Lead Judgment Report ANIAGOLU, J.S.C This appeal has come from the Court of Appeal, Lagos. The Respondents were the plaintiffs before the High Court of Lagos in a suit, filed on 12th April 1976, in which they joined to claim a sum of N250,…