Anthony Aruna Braimah V. Alhaja Nimota Abiola Abegbe Abasi & Anor (1998) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. This matter has a chequered history. The action commenced on 14th December 1976 when the plaintiff Alhaja Nimota Abiola Abegbe Abasi (who is now respondent in this appeal) issued a writ of summons in the High…

Alhaji Garba Gidan Kada V. Alhaji Salihu Gidan Yawa (1998) LAWGLOBAL HUB Lead Judgment Report UTHMAN MOHAMMED, J.S.C. This is an appeal by Alhaji Garba Gidan Kada who as plaintiff at Kotorkoshi Area Court sued Alhaji Salihu Gidan Yawa claiming repossession of a farmland which was originally cultivated by one Kado, the plaintiff’s father. The…

NNANYELUGO C. ODUKWE v. MRS. ETHEL N. OGUNBIYI (1998) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. In the High Court of former Anambra State of Nigeria, the plaintiff, who is now the respondent, instituted an action against the appellant, who therein was the defendant, claiming as follows: “1. N500.00 (Five hundred naira) for trespass committed…

Azeez Okoro V. The State (1998) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C.  In this appeal, the appellant questions the affirmation, by the Court of Appeal, of his conviction for murder and the sentence of death passed on him by the High Court of Lagos State. The appellant, the deceased (Rafiu Ikoyi) and PW.1 (Jimoh…

Alhaji Fasasi Olowolagba & Ors V. Abudu Rashidi Bakare & Ors (1998) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. This is an appeal against the judgment of the Court of Appeal, Lagos Division, which had on the 19th day of January, 1995, dismissed the appeal by the plaintiffs from the decision of Sotuminu, J., sitting…

High Chief Albert Sanumi & Ors. V. The Military Governor Of Ondo State & Ors. (1998) LAWGLOBAL HUB Lead Judgment Report UWAIS, C.J.N This is an appeal from the decision of the Court of Appeal, Benin. The appellant were the plaintiffs in the High Court of Ondo State holden at Okitipupa, while the respondents were…

Lawrence Elendu & Ors Vs Felix Ekwoaba & Ors (1998) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C. This is an appeal from the decision of the Court of Appeal holden at Port Harcourt (Coram: Katsina-Alu, Edolie and Onalaja, JJ.C.A.) which on the 6th day of December. 1994 upheld the judgment of the High Court of…

Jacob Ovenseri & Anor V. Ojo Osagiede & Anor (1998) LAWGLOBAL HUB Lead Judgment Report BELGORE, J.S.C. The first plaintiff, Ojo Osagiede, is the “Okaegbe” (head of family) of Osagiede family of Uselu Quarters, Benin and he was the senior brother of late Joel Idada Osagiede. the father of the second plaintiff, Reuben Idada Osagiede.…

Cyril Ojini V. Ogo Oluwa Motors Nigeria Ltd. (1998) LAWGLOBAL HUB Lead Judgment Report OGWUEGBU, J.S.C This appeal is against the decision of the Court of Appeal, Enugu Division delivered on 8th December, 1989 reducing to N15,000.00 the sum of N64,000.00 special damages awarded in favour of the plaintiff by the learned trial judge. The…

Raimi Ajao Ojokolobo & Anor V. Lapade Alamu & Anor (1998) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. At the High Court, holden at Ibadan, the plaintiffs’ claims as formulated in paragraph 32 of their amended statement of claim is for:- “(1) Declaration that their entire family [is] entitled to a statutory right of occupancy…