The M. V. “caroline Maersk” Sister Vessel To M.v. “christian Maersk” & Ors V. Nokoy Investment Limited (2002) LAWGLOBAL HUB Lead Judgment Report O. AYOOLA, J.S.C. This is an appeal from the decision of the Court of Appeal (Oguntade, Galadima and Sanusi, JJ.C.A) delivered on 10th April, 2000 affirming the decision of the Federal High…

Chief Gani Fawehinmi V. Inspector-general Of Police (2002) LAWGLOBAL HUB Lead Judgment Report O. UWAIFO, J.S.C.  By an originating summons filed by the appellant on 7 October, 1999 at the Federal High Court, Lagos, he sought inter alia an order of mandamus to compel the respondents to investigate criminal allegations which he made against Governor…

Chief Alimonu Ajukwara V. Sebastine Izuoji (2002) LAWGLOBAL HUB Lead Judgment Report I. L. KUTIGI, JSC. In the High Court holden at Oguta the Plaintiffs in paragraph 15 of their Further Amended Statement of Claim, claimed against the Defendants jointly and severally as follows: (a) Declaration that the Plaintiffs are entitled to the Customary Right…

Dr. Rom. Okekearu V. Danjuma Tanko (2002) LAWGLOBAL HUB Lead Judgment Report I. KATSINA-ALU, J.S.C. This appeal is from a judgment of the Court of Appeal (Abuja Division) delivered on the 24th day of April, 1997. The lower court reduced the amount of N100,000.00 general damages awarded against the appellant to N50,000.00 for battery resulting…

Yiola Maskala Vs Dimbriwe Silli (2002) LAWGLOBAL HUB Lead Judgment Report M. A. BELGORE, J.S.C. The appellant was the plaintiff at the court of first instance, the Area Court sitting at Shelleng in the former Gongola State (now Adamawa State.) The claim was for a piece of farmland on which the respondent as defendant was…

Alhaji Adebiyi Layinka V. Adeola Makinde (2002) LAWGLOBAL HUB Lead Judgment Report S. M. A. BELGORE, J.S.C. This appeal is in respect of the decision of Court of Appeal, Ibadan Branch. The action which led to the appeal in that court, on a cursory look, appears to have started in the High Court. But that…

Bank Of Baroda Vs Iyalabani Company Limited (2002) LAWGLOBAL HUB Lead Judgment Report O. EJIWUNMI, J.S.C. This appeal is against the majority decision of the court below (Coram, Onalaja & Acholonu, JJCA, with Ayoola, JCA dissenting). This action was commenced by the plaintiff in the High Court of Lagos State, when a writ was issued…

Uchenna Nwachukwu V. The State LAWGLOBAL HUB Lead Judgment Report A. I. IGUH, J.S.C.  The appellant, Uchenna Nwachukwu, along with two others, to wit, Christopher Ndulaka and Chibuzor Nwachukwu, was arraigned before the High Court of Justice, Imo State, holden at Owerri, charged with the offence of murder contrary to section 319(1) of the Criminal…

A. O. Eghobamien V. Federal Mortgage Bank Of Nigeria (2002) LAWGLOBAL HUB Lead Judgment Report U. MOHAMMED, J.S.C. This is an appeal from the decision of the Court of Appeal, Benin Division. In a unanimous decision, the Court of Appeal set aside the judgment of Edokpayi, J. of Edo High Court which was delivered in…

Orthopaedic Hospitals Management Board Vs Mallam Umaru Garba (2002) LAWGLOBAL HUB Lead Judgment Report UTHMAN MOHAMMED, JSC The plaintiffs, who are the respondents in this appeal, are employees of the National Orthopaedic Hospital, Dala, Kano. They were suspended from duty following an allegation of theft of some properties belonging to the National Orthopaedic Hospital, Kano.…