Bello Ogundele & Anor. V. Shittu Agiri & Anor (2009) LAWGLOBAL HUB Lead Judgment Report S. MUNTAKA-COOMASSIE, J.S.C The Appellants herein, who were the plaintiffs at the trial High Court Osogbo claimed against the respondents herein as follows: (1) “An Order that the judgment of the Hon. Justice S.A. Oloko delivered on 23/1/81 in suit…

Samuel Ononuju & Anor. V. Attorney-general, Anambra State & Ors (2009) LAWGLOBAL HUB Lead Judgment Report P.O. ADEREMI, J.S.C This is an appeal against the majority judgment of the Court of Appeal, Enugu Division (hereinafter referred to as the court below) coram Thompson Akpabio JCA of blessed memory and Niki Tobi JCA (as he then…

Feed And Food Farms (Nigeria) Ltd V. Nigerian National Petroleum Corporation (2009) LAWGLOBAL HUB Lead Judgment Report NIKI TOBI, J.S.C Oil pipelines were constructed by the respondent on or adjoining the appellant’s factory premises. The appellant regarded the act as illegal. Efforts by the appellant to make the respondent to remove the structures were rebuffed.…

Star Paper Mill Ltd & Anor V. Bashiru Adetunji & Ors (2009) LAWGLOBAL HUB Lead Judgment Report S. MUNTAKA-COOMASSIE, J.S.C This appeal involves the determination of whether the court of appeal, hereinafter called the lower court, was right in striking out an appeal, when the parties have amicably resolved the dispute between them and filed…

Shell Petroleum Development Company Nigeria Limited V. Chief Tigbara Edamkue & Ors (2009) LAWGLOBAL HUB Lead Judgment Report F. OGBUAGU, J.S.C At the trial court, there were two separate suits against the Defendant/Appellant. The first suit, was instituted by the 1st set of Plaintiffs/Respondents in Suit No. FHC/PH/84/94, while the second suit, was instituted by…

J.A Adekoye & Ors V. Nigerian Security Printing Minting Company Ltd (2009) LAWGLOBAL HUB Lead Judgment Report S. N. ONNOGHEN, J.S.C This is an appeal against the decision of the Court of Appeal, holden at Lagos in Appeal NO.CA/L/154/98 delivered on the 29th day of April, 2002 in which the court allowed the appeal of…

Joseph Oyewole V. Karimu Akande & Anor (2009) LAWGLOBAL HUB Lead Judgment Report A. OGUNTADE, J.S.C. The appellant was the plaintiff at the Ila High Court of Osun State. He had brought the suit as the representative of Agbedegbede family against the respondent as the defendant. He claimed the following relief: “Possession of the 8…

Mr. Peter Obi V. Independent National Electoral Commission & Ors (2009) LAWGLOBAL HUB Lead Judgment Report L. KUTIGI, C.J.N. This is an application by the applicants praying the Court (1) to set aside its ruling delivered on 29/1/08 in which this Court struck out the motion for want of jurisdiction; and (2) an order to…

Mallam Yusuf Jimoh & Ors. V. Mallam Karimu Akande & Anor (2009) LAWGLOBAL HUB Lead Judgment Report M. CHUKWUMA-ENEH, J.S.C.  This appeal is against the decision of the Court of Appeal, Ilorin Division (i.e. Court below) delivered on 19/11/2001 upholding the decision of the Kwara State High Court of Justice sitting at Ilorin in its…

Tunji Gomez V. Cherubim And Seraphim Society (2009) LAWGLOBAL HUB Lead Judgment Report G A. OGUNTADE, J.S.C The applicants in this application are also the respondents in an appeal brought before this Court by the respondents. Before the Federal High Court Lagos in suit No. FHC/4/CS/6S 1/97, the applicants were the plaintiffs. They had brought…