Isa Mamman & Ors V. The State LawGlobal-Hub Lead Judgment Report A. R. Alexander, C.J.N. The four above-named appellants were tried in the High Court of the former North-Western State holden at Sokoto before Uthman Mohammed, Acting Judge, on a charge of culpable homicide punishable with death under Section 221(b) of the Penal Code. The…

Abimbola Sanyaolu v. The State (1976) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C. The Accused, now Appellant, was originally charged in the High Court of Kano State sitting at Kano with culpable homicide not punishable with death. After considering the evidence adduced by the Prosecution and the defence put forward by the Accused, the learned trial…

Andrew Ebohimi Omoijuanfo v. Nigeria Technical Company Ltd (1976) LawGlobal-Hub Lead Judgment Report IDIGBE, J.S.C. By a hire purchase agreement of the 19th day of June, 1972, the appellant undertook to purchase from the respondents a Steyr Tipper for the total purchase of ‘a35,643 (N11,286.00). Under the terms of the hire-purchase agreement (hereinafter called “the…

Chief Daniel Allison Ibuluya & Ors v. Tom Benebo Dikibo & Ors (1976) LawGlobal-Hub Lead Judgment Report D. A. R. ALEXANDER, C.J.N.  The plaintiffs, who are the respondents in this appeal, are the representatives of members of the Dikibo House of Okrika, and claimed in the High Court of Rivers State the sum of 1,000pounds…

Ifi Izieme & Ors. v. Ijeoma Ndokwu & Ors. (1976) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C.  In the proceedings commenced in the Owerri High Court, the plaintiffs claimed against the defendants in paragraph 31 of their statement of claim, declaration of title to a piece of land known as “Ani Akparukwu” situated in Oguta farm…

City Property Development Ltd v. Attorney-General, Lagos State and Ors. (1976) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C.  The appeal and cross-appeals in this action are from the judgment of Adedipe, l. delivered in the High Court of Lagos State on 11th October, 1974. In the proceedings in the said High Court, the City Property Development…

Christian Nwosu V. The State (1976) LawGlobal-Hub Lead Judgment Report D. A. R. ALEXANDER, C.J.N.  The appellant was charged on information with murder contrary to Section 319(1) of the Criminal Code, the particulars of the offence being that he murdered Monica Okeke on or about the 13th of April, 1971, at Obaoji Oba in the…

Mr. Z.O. Obolo V. Rev. J.D. Aluko & Ors.(1976) LawGlobal-Hub Lead Judgment Report D. A. R. ALEXANDER, C.J.N.  The issue in this appeal appears to us to be a simple one. The learned trial judge ruled as follows:- “In a civil case whilst the plaintiff cannot win his case without calling evidence, the defendant is…

Chief J.O. Iyase & Ors V. Ugiagbe Omoragbon (1976) LawGlobal-Hub Lead Judgment Report SOWEMIMO, JSC.  It is settled traditional custom that the ownership of land in Benin is vested in the Oba of Benin and that by virtue of this, he is the only authority who can approve of the allocation of building plots to individuals.…

Festus Sunmoila Yesufu V. African Continental Bank Ltd (1976) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C.  The plaintiffs, now respondents, are commercial bankers. In proceedings commenced by them in the High Court at Benin City, they claim from the defendant, now appellant, the sum of 376,320,10.10d(pounds) being debt due from and payable by the defendant to…