Onashile S. T. V Sule Salami Idowu (1961) LawGlobal-Hub Lead Judgment Report UNSWORTH, F.J This is a case in which the appellant mortgaged certain properties to the third respondent, who later purported to sell the legal estate to the first and second respondents under the power of sale conferred by the Conveyancing Act, 1881. It…

Agaba G. K. Vs C. A. Otobosin (1961) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, F.J. The defendant complains against the amount of damages awarded in the High Court of the Western Region, by Charles, J. at Abeokuta, on the 24th June, 1960, for in-juries suffered in a lorry accident. The amount awarded was £3,830. There was…

Omidokun Owonyin V Omotosho (1961) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, F.J In this appeal the plaintiff complains against the judgment given in the High Court, at Ibadan, on the 23rd March, 1959, in a dispute about an area of land of about thirteen square miles. The Statement of Claim was to this effect: – Owonyin,…

Onaga George & Ors Vs Micho and Company (1961) LawGlobal-Hub Lead Judgment Report UNSWORTH, F.J This is an appeal from a decision of the High Court of the Enugu Judicial Division awarding the respondent contractor the sum of £3,964 as damages for breach of a building contract. The facts are that the respondent contractor tendered…

Willaims I. A. And Anor V Karimu Sanusi (1961) LawGlobal-Hub Lead Judgment Report BRETT, AG. C.J.F The appellant is one of the six Registered Trustees of the Enitonna High School, Port Harcourt, who have received a certificate of incorporation under the Land (Perpetual Succession) Ordinance and may thus be sued in their corporate name. In…

The Queen Vs Oladipo Oshunbiyi (1961) LawGlobal-Hub Lead Judgment Report BRETT, AG. C.J.F. The appellant was tried in the High Court of Lagos before Coker, J., sitting with a jury, and convicted of murder. The facts, so far as they are relevant, are as follows. The deceased was a carpenter and the appellant had been…

Nwakobi Anachuna & Ors. Vs Eugene N. Nzekwu & Anor (1961) LawGlobal-Hub Lead Judgment Report BAIRAMIAN, F.J This appeal is from the judgment given in two consolidated suits (0/25/58 and 0/32/58) on the 12th May, 1960, by Betuel, J., at Onitsha, in the High Court of the Eastern Region. They were cross-actions between the Ogbo…

Omotayo Olatunji Vs A. Y. Ojikutu (1961) LawGlobal-Hub Lead Judgment Report LORD MORRIS This is an appeal from a judgment of the Federal Supreme Court of Nigeria (Jibowu , Nageon de Lestang and Hubbard F.JJ.) of the 23rd February, 1957, allowing an appeal by the respondent (who was the plaintiff in the original proceedings) and…

Giremabe Chimora Vs Bornu Native Authority (1961) LawGlobal-Hub Lead Judgment Report HURLEY, C.J.N.R  The appellant was tried in the Court of the Shehu of Bornu on a charge of beating one Yerwama to death with a stick and was convicted of culpable homicide punishable with death and sentenced to death. His appeal to the High…

Ogunremi Michael Vs The Queen (1961) LawGlobal-Hub Lead Judgment Report BRETT, AG. C.J.F The appellant was charged in the High Court of the Western Region on an information alleging Rape contrary to section 229 of the Criminal Code. After all the evidence had been heard defending counsel in his closing address pointed out that s.…