Unilife Development Co. Ltd. V. Mr. Kolu Adeshigbin & Ors (2001) LAWGLOBAL HUB Lead Judgment Report ACHIKE, J.S.C. In the arbitration proceedings which started before Bola Ajibola, Esq. sometime in April 1983, the respondents, inter alia, sought a determination in a controversy between the parties on the amount of rent payable by the appellant under…

Albert Afegbai Vs Attorney-general Edo State (2001) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. The only issue on this appeal from the decision of the Court of Appeal dismissing an appeal from a dismissal of the appellant’s claim by the High Court of Edo State, as formulated by counsel for the appellant, is whether the…

S.O. Igbinokpogie & Anor V. George Ogedegbe (2001) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. The respondent herein George Ogedegbe was the plaintiff at the Benin City High Court in Suit No. B/126/78. His claim against the defendants/appellants herein was for the following reliefs as contained in his further amended statement of claim. “(a) A…

Tavershima M. Hambe & Anor V. Agber Hueze & Ors (2001) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. This is an appeal against the judgment of the Court of Appeal (Jos Division) striking out the appellants notice of appeal to it and dismissing the appeal based on the said notice. The appellants, as plaintiffs had…

Asimiyu Alarape & Ors V. State (2001) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. The appellants, Asimiyu Olanrewaju Alarape, Adebayo Kehinde, Olorunwa Adubuleja and Aliu Rasaki were on the 31st day of October, 1996 jointly arraigned before the High Court of Justice, Ogun State, holden at Ijebu-Igbo, charged with the offence of murder contrary to…

Lasisi Kode V. Alhaji Suara Yussuf (2001) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C. The appeal herein (a hybrid of a sort) which the appellant designate as a case involving land as well as interlocutory application both rolled into one, had its roots in the High Court of Oyo State holden at Ibadan. There, the…

Olowo Okukuje V. Odejenima Akwido (2001) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C This appeal is from a decision of the Court of Appeal, Benin Division, which set aside the judgment of the trial Oleh High Court in a land claim. The plaintiff brought this action for himself and on behalf of the Akpara Family…

Jimoh Awopejo & Ors V. The State (2001) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C. At the conclusion of the trial conducted by Olagunju J (as he then was), each of the appellants was convicted of the offence of culpable homicide punishable with death, contrary to section 221(a) of the Penal Code. The learned trial…

Mark Ehigiator Ojo V. Comfort E. Azama (2001) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C.  This is an appeal from the decision of the Court of Appeal sitting at Benin City which on the 4th day of July, 1994 upheld the decision of Omo-Agege J. (as he then was) of the High Court, Benin delivered…

Gabriel Emaikwu Adah V. John Okoh Adah (2001) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. This case is fraught with surprising twists and turns which ought never to have occurred to bring it to the undeserved end it has come to. The appellant (as applicant) sought an injunctive relief in the High Court, Otukpo, Benue…