Gabriel Oruche Vs Commissioner Of Police Delta State (1997) LAWGLOBAL HUB Lead Judgment Report BELGORE, J.S.C. All Courts of record exercise their discretion on facts before them. One of the cardinal principles of our judicial system is the rights to various stages of appeal. Though right of appeal is not always of right, all appeals…

Chief M.O.A. Agbaisi & Ors Vs E. Ebikorefe & Ors (1997) LAWGLOBAL HUB Lead Judgment Report ONU, JSC. This appeal which relates to land disputes originated from the Warri High Court of the Warri Judicial Division, of the defunct Mid-Western State of Nigeria but later of the defunct Bendel (and now Delta) State. It composed…

J.E. Oshevire Ltd. Vs Tripoli Motors (1997) LAWGLOBAL HUB Lead Judgment Report U. ONU, J.S.C. In the High Court of Kano State sitting in Kano, the appellants herein as plaintiffs, instituted an action against the respondents who were then the defendants on 10th September, 1983, upon a writ of summons containing items of claims which…

Chieke V Olusoga (1997) LAWGLOBAL HUB Lead Judgment Report OGWUEGBU, JSC. This is an appeal against the decision of the Court of Appeal, Lagos Division which affirmed the decision of Oguntade. J. as he then was in a civil action filed by the plaintiff against the defendants. The plaintiff who is the appellant herein filed…

Chief Samuel Ikenna & Anor Vs Chief Benedict Bosah & Ors (1997) LAWGLOBAL HUB Lead Judgment Report OGWUEGBU, JSC.  The plaintiffs/applicants brought this application pursuant to Section 31(2)(a) and 31(4)(sic) of the Supreme Court Act, 1960 sections 6(6)(a) and 213(3) of the Constitution of the Federal Republic of Nigeria, 1979 and Order 2 Rules 28(1)…

N.D.I.C V F.M.B. (1997) LAWGLOBAL HUB Lead Judgment Report M. L. UWAIS, C.J.N. This is an appeal from the decision of the Court of Appeal holden at Lagos which reversed the ruling of the Federal High Court sitting at Lagos. The facts, which are common ground, may be stated as follows: By Government Notice No.1…

Nigerian Deposit Insurance Corporation Vs Financial Merchant Bank Ltd (1997) LAWGLOBAL HUB Lead Judgment Report UWAIS, C.J.N. This is an appeal from the decision of the Court of Appeal holden at Lagos which reversed the ruling of the Federal High Court sitting at Lagos. The facts, which are common ground, may be stated as follows:…

Abel Nkado & Ors Vs Ozulike Obiano & Anor (1997) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C.  The case giving rise to the appeal herein is in relation to a land dispute wherein the plaintiffs/respondents claimed in representative capacities as against the defendants/appellants who defended in their representative capacities for: (1) title to the land…

Nkado V Obiano (1997) LAWGLOBAL HUB Lead Judgment Report S. U. ONU, J.S.C.  The case giving rise to the appeal herein is in relation to a land dispute wherein the plaintiffs/respondents claimed in representative capacities as against the defendants/appellants who defended in their representative capacities for: (1) title to the land in dispute (2) damages…

Adewale Alabi Eboade & Anor Vs Raufu Olaniyan Atomesin & Anor (1997) LAWGLOBAL HUB Lead Judgment Report L. KUTIGI, J.S.C. The plaintiffs’ claims against the defendants jointly and severally are contained in para. 39 of the Amended Statement of Claim. They read as follows – “(a) Declaration to a Statutory Right of occupancy to that…