Alfred Usiobaifo V. Christopher Usiobaifo (2005) LAWGLOBAL HUB Lead Judgment Report NIKI TOBI, JSC Chief Usiobaifo Ekpuda an Ishan, was the father of the 1st and 2nd plaintiffs/respondents. He was also the father of the 1st defendant/appellant. He died in the year 1954. His eldest son, Oboite Usiobaifo died in 1973. Chief Usiobaifo died intestate.…

Charles Okike V. The Legal Practitioners Disciplinary Committee (2005) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C. This is an appeal against the direction or decision of the Legal Practitioners Disciplinary Committee of the Body of Benchers established under section 11(1) of the Legal Practitioners Act, Cap. 207 as amended by Legal Practitioners (Amendment) Act, No.…

Mr. G.O. Duke V. Akpabuyo Local Government (2005) LAWGLOBAL HUB Lead Judgment Report PATS-ACHOLONU, J.S.C. The appellant as a plaintiff had instituted a suit against the respondent claiming a sum of N150,000.00 for work executed for the respondent but which despite repeated demands was not paid. The action was placed on the undefended list. Judgment…

Philip Ebhota & Ors. V. Plateau Investment And Property Development Co. Ltd. (2005) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C. This action was commenced by the appellants in a representative capacity as indicated above, against the defendant now respondent, to this appeal. The following are the reliefs sought by the appellants. “A declaration that:- (a)…

Gonzee Nigeria Ltd V. Nigerian Educational Research And Development Council. & Ors. (2005) LAWGLOBAL HUB Lead Judgment Report D.O. EDOZIE, J.S.C.  The plaintiff, herein appellant, is a contracting firm having its registered office in Onitsha. By a writ of summons filed at the Onitsha High Court on 20th June 1991, the plaintiff commenced legal proceedings…

Martchem Industries Nigeria Ltd. V.m.f. Kent West Africa Ltd. (2005) LAWGLOBAL HUB Lead Judgment Report G.A.OGUNTADE, J.S.C. The appellant was the plaintiff at the Kano High Court where it claimed against the respondent, as the defendant, for the following reliefs: (a) An immediate delivery of one Doz. 50KVA generator which is the most important item…

The Honda Place Ltd. V. Globe Motor Holdings Nig. Ltd. (2005) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. This appeal is from the decision of the Court of Appeal, Lagos Division in appeal No. CA/L/164/99 given on 12th December, 2000. The appellant had filed a motion before the Lagos High Court whereby it sought an…

Ozana Ubierho V. The State (2005) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. The appellant, Ozana Ubierho and seven others were arraigned before the Warri High Court on a one count charge of murder of one Miemie Uwarah contrary to section 319(1) of the Criminal Code, Cap. 48, Volume II, Laws of Bendel State of…

Chief Joshua Alao V. Alfa Issa Akano (2005) LAWGLOBAL HUB Lead Judgment Report DAHIRU MUSDAPHER, JSC Chief Joshua Alao, the appellant herein, instituted this action in the High Court of Kwara State and in the Ilorin Judicial Division against the three respondents herein as the defendants seeking the following reliefs jointly and/or severally:- “1. A…

O. Arabambi & Anor. V. Advance Beverages Industries. Ltd. (2005) LAWGLOBAL HUB Lead Judgment Report A.M. MUKHTAR, J.S.C. In its further amended-statement of claim before the Lagos High Court the respondent who was then the plaintiff claimed the following damages:- “Particulars of special damages Fixed Assets: DM N Plant and Machinery (DM1 N4.06) 5,473,380 222,221,922.00…