Abdullahi Ada Vs The State (2008) LAWGLOBAL HUB Lead Judgment Report I.F. OGBUAGU, JSC. This is an appeal against the decision of the Court of Appeal, Kaduna Division delivered on 10th December, 2003 dismissing the appeal of the Appellant and affirming his conviction and sentence of death by the High Court of Kebbi State in…

Mr. Mufutau Akinpelu V Ebunola Adegbore (2008) LAWGLOBAL HUB Lead Judgment Report NIKI TOBI, J.S.C. The applicant in a motion filed on 4th June, 2007 asked for the following reliefs: “1. An order for extension of time, pursuant to the provisions of Order 2 Rule 28(3) of the Supreme Court Rules 1999, within which to…

Chief M. O. Olatunji V. Owena Bank (Plc) & Anor (2008) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C. The appellant herein was the plaintiff, he was an Owner of a Saw Mill Factory at Ado Ekiti. On the 13th of August, 1997, the first respondent herein appointed and instructed the second respondent a licensed auctioneer,…

Chief Etete S. Owoh & Ors V Chief Kingston U. Asuk & Anor (2008) LAWGLOBAL HUB Lead Judgment Report MAHMUD MOHAMMED, JSC This is an appeal from the decision of the Court of Appeal Port-Harcourt Division. In the judgment delivered by that Court on 14th February, 2001, the Court set aside the decision of Woryi…

Dotun Fatilewa Vs The State (2008) LAWGLOBAL HUB Lead Judgment Report G, A, OGUNTADE, J.S.C. The appellant was the 2nd of two accused persons who were arraigned for the offence of culpable homicide punishable with death on 19-4-90 before Kusherki J. at the Abuja High Court. The accused persons were alleged to have caused the…

Shena Security Co. Ltd. Vs Afropak (Nig.) Ltd & Ors (2008) LAWGLOBAL HUB Lead Judgment Report T. MUHAMMAD, J.S.C. In a writ of summons taken from the High Court of Justice of Ogun State holden at Oha Judicial Division (trial court for short), the plaintiff made the following claim against the defendant: “[i] A declaration…

Chief Emmanuel Osita Okereke Vs Alhaji Umaru Musa Yar’adua & 2 Ors (2008) LAWGLOBAL HUB Lead Judgment Report T. MUHAMMAD, JSC. The relevant facts in this appeal are that the appellant as petitioner at the lower court, filed his election petition containing four grounds challenging that the PAGE| 2 1st and 2nd respondents were not…

Oseni Omomeji & Ors V.james Olagunju Kolawole & Ors (2008) LAWGLOBAL HUB Lead Judgment Report I.T. MUHAMMAD, J.S.C. The plaintiffs/ respondents were from five different Ruling Houses of Oore of Otun throne in Ondo State, now Ekiti State. Each sued on his behalf and on behalf of his family belonging to his ruling house. They…

Abu Isah The State (2008) LAWGLOBAL HUB Lead Judgment Report S.A. AKINTAN, JSC  The appellant, Abu Isah, was arraigned before a Kogi State High Court as 2nd accused along with five others on a two count charge of criminal conspiracy and armed robbery punishable under sections 97 (1) and 298(c) of the Penal Code respectively.…

Dr. Charles Oladeinde Williams V Madam Olaitan Williams (2008) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C. The appellant herein and one Alexander Odu Williams [now deceased] were parties to a lease. The appellant took the lease of the property situated at No. 31, Little Road, Yaba Lagos for 50 years. The lease was dated and…