Okeke V Oruh (1999) LAWGLOBAL HUB Lead Judgment Report I. IGUH, J.S.C.  The proceedings leading to this appeal were first initiated in the High Court of Justice, Rivers State, holden at Port Harcourt on the 30th day of April, 1986. In that court, the three plaintiffs, the 2nd and 3rd suing as the administrators of…

Abiodun Adelaja & Ors. V. Yesufu Alade & Anor. (1999) LAWGLOBAL HUB Lead Judgment Report ACHIKE, J.S.C. The plaintiffs, herein referred to as appellants, claimed jointly and severally against the defendants, herein referred to as respondents, in paragraph 19 of the amended statement of claim as follows:- “1. Declaration of title to a statutory right…

Okonofua Vincent Omoijahe V. Uwesu Umoru & Ors. (1999) LAWGLOBAL HUB Lead Judgment Report I. KATSINA-ALU, J.S.C. The main issue arising in this appeal relates to the power of a court to punish for a criminal contempt committed exfacie curiae. The appellant herein, a legal practitioner, had sued Uwesu Umoru (1st respondent) claiming aggravated damages…

Nicholas Apurosein Ogidi (Deceased) & Ors V. Chief Daniel B. Egba & Ors (1999) LAWGLOBAL HUB Lead Judgment Report BELGORE, J.S.C. The respondents in this court were also respondents at Court of Appeal, being victorious plaintiffs at the trial High Court claimed: (i) Declaration of title to the various adjoining lands known as IMOTI, AKIRIGBO,…

Anyim Mba & Ors. V. Agbafo Agu & Ors. (1999) LAWGLOBAL HUB Lead Judgment Report O. EJIWUNMI, J.S.C.  The Appellants, as plaintiffs in the trial Court commenced this action against the Respondents, who were the Defendants. In that case the appellants at the Enugu High Court claimed against the respondents for:- (i) A declaration to…

Alhaji Otaru & Sons Limited V. Audu Idris & Anor (1999) LAWGLOBAL HUB Lead Judgment Report U. ONU, J.S.C. This appeal is sequel to the majority judgment of the Court of Appeal, Kaduna Division (Coram: Mohammed, J.C.A. as he then was, Akpabio J.C.A. vis-‘a-vis the minority judgment of Ogundere, J.C.A.) which on 24th July, 1989,…

M.T.A. Liman V. Alhaji Shehu Mohammed (1999) LAWGLOBAL HUB Lead Judgment Report E. OGUNDARE, J.S.C  This appeal raises once again the propriety of a court granting to a party a relief that party has not claimed nor applied for. The Plaintiff, who is an appellant before us, had sued the Defendant (now respondent) claiming, as…

Godwin Uzoechi V Elias Onyenwe (1999) LAWGLOBAL HUB Lead Judgment Report BELGORE, J.S.C. The original plaintiff who sued in representative capacity on behalf of Okorokwaraun: kindred. John Ekke, died on 2nd February, 1982, in course of proceedings and by application of the kindred the present plaintiff. Godwin Uzoechi, was granted leave by trial court to…

Stephens Industries Limited & Anor. V. Bank Of Credit And Commerce & Anor. (1999) LAWGLOBAL HUB Lead Judgment Report O. UWAIFO J.S.C.  This appeal is from a decision of the Court of Appeal, Port Harcourt Division given on 23 January, 1992. The plaintiffs/appellants (hereinafter called the appellants) sued in the High Court, Port Harcourt for…

Olowoniyi Ajisogun V. The State (1999) LAWGLOBAL HUB Lead Judgment Report M. A. BELGORE, J.S.C. The evidence clearly before the trial court is that the deceased was attacked by the accused persons by kicking her in the belly and all over her body. Unknown to the accused and the mother of the deceased, PW 1,…