Michael Yusuf & 2 Ors V Mr. Samuel Afolabi Toluhi (2008) LAWGLOBAL HUB Lead Judgment Report J.O. OGEBE, J.S.C. “By a writ of summons dated the 19th day of December, 1997 the respondent and one other now deceased commenced an action against all the appellants (including the 3rd and 4th Appellants now deceased) seeking the…

Emeka Ekwunugo Vs Federal Republic Of Nigeria (2008) LAWGLOBAL HUB Lead Judgment Report A. AKINTAN, J.S.C The appellant was arraigned before Enugu High Court on a one count charge which reads as follows: “That you Emeka Ekwunugo alias Kingsley Onuorah of No. 1 Inyi Street, Achara Layout, Enugu on or about the month of September…

Nika Fishing Co. Ltd. Vs Lavina Corporation (2008) LAWGLOBAL HUB Lead Judgment Report MAHMUD MOHAMMED, JSC This appeal is against the judgment of the Court of Appeal Lagos Division given on 21st June, 2001, in which it dismissed the Appellant’s appeal against the Ruling of the trial Federal High Court, Lagos of 28th June, 1989,…

Othniel Shekse V Victor Plankshak & Ors (2008) LAWGLOBAL HUB Lead Judgment Report O. OGEBE, J.S.C The appellant sued the respondents at the High Court of Justice Pankshin, Plateau State on behalf of himself and Kerang Community seeking the following reliefs as per paragraph 19 his amended statement of claim:- “Wherefore,, the plaintiff claim against…

Dr. N.E. Okoye & Anor V Centre Point Merchant Bank Ltd (2008) LAWGLOBAL HUB Lead Judgment Report F.F. TABAI, JSC This action was commenced at the Onitsha Judicial Division of the High Court of Anambra State on the 6/8/98 when the writ of summons was issued. The Appellants herein were the Plaintiffs. The Respondent herein…

Alhassan Mai Yaki V The State (2008) LAWGLOBAL HUB Lead Judgment Report P.O. ADEREMI JSC This is an appeal against the decision of the Court of Appeal (Jos Division) holden at Jos, which has, in a considered judgment delivered on the 25th of April 2007, dismissed the appeal against the judgment of the Yobe State…

Adekola Mustapha V. Corporate Affairs Commission (2008) LAWGLOBAL HUB Lead Judgment Report JUDGMENT G. A. OGUNTADE, JSC  The appellants were the plaintiffs at the Oshogbo High Court of Osun State where they claimed against the respondent as the defendant the following reliefs: “(i) A declaration that the Plaintiffs are the persons entitled to a statutory…

Paul Onyia Vs The State (2008) LAWGLOBAL HUB Lead Judgment Report O. OGEBE, J.S.C. This is a further appeal to the Supreme Court by the appellant against the judgment of the Court of appeal, Port Harcourt Division delivered on the in December 2005 in which that Court affirmed the conviction and sentence of death passed…

Nigerian Army Vs Major Jacob Iyela (2008) LAWGLOBAL HUB Lead Judgment Report NIKI TOBI, J.S.C This appeal involves the beastly, barbaric and bizarre offence of sodomy; a more common place name is homosexual or homosexuality. It is against the appellant, former Major Bello Magaji. He wore Staff No. N/6604 in the Army. The victims are…

Edeani Nwavu & 11 Ors V Chief Patrick Sunday Okoye & 19 Ors (2008) LAWGLOBAL HUB Lead Judgment Report W.S.N. ONNOGHEN, JSC This is an appeal against the decision of the Court of Appeal, holden at Enugu in Appeal NO.CA/E/190/1997 delivered on the 14th day of April, 2003 in which the court allowed the appeal…