Chief Mene Kenon & Ors V. Chief Albert Tekam & Ors (2001) LAWGLOBAL HUB Lead Judgment Report OGWUEGBU, J.S.C. This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division delivered on 22nd March, 1994. It involves Suit Nos. PHC/9/70 and PHC/113/72 which were consolidated by the agreement of both parties.…

Umeano Achiakpa V. Nduka (2001) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. By a writ of summons issued on the 1st day of June, 1976, the plaintiffs, for themselves and on behalf of the Umuonewe family of Isikwe Achi in Anambra State instituted an action jointly and severally against the defendants of Umunduka family of…

The Shell Petroleum Development Company Of Nigeria Limited V. Abel Isaiah & Ors (2001) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C. This is an appeal from the decision of the Court of Appeal Port Harcourt Division, in which it affirmed the judgment of the High Court. River State, sitting at Isiokpo. The plaintiffs, who are…

Ras Palgazi Construction Company Limited V. Federal Capital Development Authority (2001) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. On 19/2/2001 I dismissed this appeal and indicated that I would give my reasons on 18/5/2001. I now give my reasons. The appellant herein was the plaintiff at the Abuja High Court Suit No: FCT/HC/CV/95/89. The appellant…

P.N. Udoh Trading Co. Ltd. V. Sunday Abere & Anor (2001) LAWGLOBAL HUB Lead Judgment Report KALGO, J.S.C. The appellant who was the plaintiff at the trial court (Rivers State High Court, Port Harcourt) claimed against the respondents jointly and severally the following reliefs: Pleadings were ordered, filed and exchanged between the parties. Parties then…

Vulcan Gases Limited V. Gesellschaft Fur Industries Gasverwertung A.G.(G.I.V.) (2001) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. This is an appeal against the judgment of the Court of Appeal, Kaduna Division, delivered on the 3rd day of June, 1992 wherein the Court of Appeal affirmed the decision of R. D. Muhammad, J., as he then…

Alhaji Mudashiru Kokoro-owo & Ors V. Lagos State Government & Ors (2001) LAWGLOBAL HUB Lead Judgment Report WALI, J.S.C. he main issue in contest in this appeal is whether a grant of a Statutory Right of Occupancy (C of O) by the respondents to Oniru Chieftaincy Family over a parcel of land in which the…

Adebayo Ogundoyin V David Adeyemi (2001) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C. This is an appeal against the judgment/order of the Court of Appeal holden at Ibadan in suit No.CN/1/122/89 dated the 19th of January, 1994. The respondent therein as plaintiff, had instituted the action in a representative capacity in the High Court of…

Iyke Medical Merchandise V. Pfizer Inc. & Anor (2001) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. This action has its cause in the tort of passing-off. The plaintiffs (now respondents) claim to be entitled to the trademark of a pharmaceutical product, a worm expeller for the treatment of worms in children and adults, known as…

Sparkling Breweries Limited V Union Bank Of Nigeria Limited (2001) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. The appellants were, at all times relevant to this case, customers of the respondent bank. All the appellants belong to a group known as Olori Group of Companies. Following the cancellation by the respondent of purported letters of…