Ezeakabekwe V. Emenike (1998) LAWGLOBAL HUB Lead Judgment Report ANTHONY I. IGUH In the High Court of former Anambra State of Nigeria, the plaintiff, who is now the respondent, for himself and on behalf of the Emenike family of Amaba, Umuchu instituted an action jointly and severally against the appellants, who therein were the defendants,…

Clement Oguonzee V. The State (1998) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. The appellant, Clement Oguonzee, an Assistant Superintendent of Police, was arraigned before the High Court of Justice. Edo State, holden at Benin City, charged with the offence of murder punishable under Section 319(1) of the Criminal Code, Cap. 48. Vol. 11 Laws…

Fawehinmi Construction Company Ltd. V. Obafemi Awolowo University (1998) LAWGLOBAL HUB Lead Judgment Report BELGORE, J.S.C. The appellant took out a writ claiming damages for breach of contract it entered into with the respondent, damages for wrongful detention of its plants, machineries and equipment by the respondent and an order for the plaintiff to be…

Dr. Oswald. J. Vanderpuye V. Coker Gbadebo (1998) LAWGLOBAL HUB Lead Judgment Report MOHAMMED J.S.C. In this appeal, Dr. Oswald J. Vanderpuye, is contesting a decision of the Court of Appeal, Lagos Division,. in which the lower court affirmed the judgment of trial Lagos High Court. The respondent who was plaintiff at the trial High…

Bala James Ngillari V. National Insurance Corporation Of Nigeria (1998) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. The plaintiff is the administrator of the estate of one Jesse James Ngillari, deceased, who died intestate in Maiduguri on 17/8/85. The defendant is a corporate body engaged in insurance business with its head office in Lagos and…

Rhein Mass Und See & Ors V. Rivway Lines Limited (1998) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. The plaintiff is a shipping company incorporated in Nigeria; it has its head office in Lagos. The plaintiff offers its services to other shipping companies in and outside Nigeria. The 1st defendant (hereinafter is referred to as…

Alhaji Taofik Alao V. African Continental Bank Ltd. (1998) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. The plaintiff is and was at all material times a business-man and a citizen of the Republic of Benin living in the town of Port Novo in that Republic. He has and had Nigerian customers and business associates going…

B.A. Shitta-bey V. Attorney General Of The Federation & Anor. (1998) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C The appeal herein which concerns the ouster of jurisdiction of courts under a Decree of the Federal Military Government of Nigeria is against the judgment of the Court of Appeal holden in Lagos and delivered on the…

Dan Awaza Bashaya & Ors V. The State (1998) LAWGLOBAL HUB Lead Judgment Report WALI, J.S.C. As a result of the murder of Ayuba Chaimang the Chief of Ganawuri Atar Aten. on or about the 29th of November, 1991 at Tahoss Village of Plateau State, the following 18 (eighteen) persons were arrested and charged to…

Anselim Irechukwu Osakwe V. Nigerian Paper Mill Ltd (1998) LAWGLOBAL HUB Lead Judgment Report “a ‘declaration’ that the plaintiffs purported dismissal from the defendant’s employment vide letter 15th September, 1983 is null and void being against the rule of natural justice, that the plaintiff is still in the employment of the defendant and entitled to…