Michael Alaba Onagoruwa V. Mrs. Aderoju Akinremi & Ors (2001) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. The appellant as plaintiff instituted two separate suits LD/513/80 and LD/512/80 against 1st and 2nd respondents respectively at the High Court, Lagos. The two suits were consolidated. The 3rd respondent was thereafter joined as co-defendant. In both the…

Sunday Jegede V.the State (2001) LAWGLOBAL HUB Lead Judgment Report BELGORE, J.S.C. The appellant was charged with the offence of rape contrary to S.258 of Criminal Code Law of Bendel State. He was alleged to have raped the prosecutrix, a school girl of under thirteen years within the premises of University of Benin Staff School…

Okafor Adone V. Ozo Gabriel Ikebudu & Ors (2001) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. This is an appeal from the decision of the Court of Appeal (Ejiwunmi, JCA (as he then was), Tobi and Adamu, JJ.C.A, dismissing the appeal of the appellants from a decision of the High Court of Anambra State whereby…

Sunday Obasohan V. Thomas Omorodion & Anor (2001) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. The Court of Appeal (Musdapher, JCA, Ejiwunmi, JCA (as he then was) and Edozie, JCA) dismissed the appellant’s appeal from the decision of the High Court of what was then the Bendel State whereby judgment was entered for the respondents…

Dambo Damini & Anor V. Chief Tari Abraham & Ors (2001) LAWGLOBAL HUB Lead Judgment Report AYOOLA, J.S.C. This is an appeal from the judgment of the Court of Appeal (Katsina-Alu, JCA, (as he then was), Edozie and Onalaja, JJ.C.A.) dismissing the present appellants’ appeal from the decision of the Rivers State High Court (Opene,…

General Ishaya Rizi Bamaiyi (Rtd.) V. Attorney-general Of The Federation & Ors. (2001) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C.  The main issue in this appeal is whether the Court of Appeal has any discretion under section 295(2) of the 1999 Constitution of the Federal Republic to refuse to answer a question referred to it…

Rockonoh Property Co. Ltd. V. Nigerian Telecommunications Plc & Anor (2001) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. The facts of this case have, in many respects, been presented differently by either party, that is to say, the plaintiff/appellant and the 1st defendant/respondent. That may be expected in a case where there is dispute particularly…

Korede V. Adedokun (2001) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C.  In this case we had before us an appeal against the judgment of the Court of Appeal, Ibadan Division, consisting of Muktar, Salami and Nsofor (JJCA). The proceedings before the court below arose from the judgment of the High Court in Suit No. 1/433/88.…

Madam Asiawu Adepeju Korede V. Mr. Adedapo Adedokun & Anor (2001) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C. In this case we had before us an appeal against the judgment of the Court of Appeal, Ibadan Division, consisting of Muktar, Salami and Nsofor (JJCA). The proceedings before the court below arose from the judgment of…

Incar Nigeria Plc & Anor. V. Bolex Enterprises (Nig.) (2001) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. The facts of this case are rather simple. Unfortunately, however, the issues have been complicated not so much by the parties than by the two Courts below. The 1st appellant in this appeal (hereinafter is referred to as…