Michael Peter V. The State (1997) LAWGLOBAL HUB Lead Judgment Report U. ONU, J.S.C.  The appellant, Michael Peter and one Sule Iro (the third suspect having died while on remand) were arraigned before Hunponu-Wusu, J. sitting at Lagos Judicial Division of the High Court of Lagos State, on a one-count charge of the murder of…

The Vessel “saint Roland” & Anor. V. Adefemi Osinloye (1997) I. IGUH, J.S.C  By a writ of summons issued on the 21st day of January, 1992 in the Lagos Judicial Division of the Federal High Court of Nigeria, the plaintiff instituted an action against the defendants jointly and severally claiming as follows:- “The plaintiff’s claim…

Chief M.O.A. Agbaisi & Ors. V. E. Ebikorefe & Ors (1997) LAWGLOBAL HUB Lead Judgment Report U. ONU, J.S.C. 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…

Odu’a Investment Company Limited. V. Joseph Taiwo Talabi (1997) LAWGLOBAL HUB Lead Judgment Report E. OGUNDARE, J.S.C.  Does compliance with section 97 and/or section 99 of the Sheriffs and Civil Process Act (now Cap 407 Laws of the Federation of Nigeria 1990 and hereinafter is referred to as the Act) coupled with breach of the…

Anthony O. Iyamu Edebiri V. Doleyi Osawe Edebiri & Ors (1997) LAWGLOBAL HUB Lead Judgment Report U. ONU, J.S.C. The plaintiff/appellant and 3rd defendant/respondent (herein after referred to simply as appellant and respondent respectively) were parties to Suit No.B/68/72 in which appellant claimed against the defendants jointly and severally: “1. For a declaration that the…

Godwin Ekiyor & Anor V. Chief Frukama Bomor (1997) LAWGLOBAL HUB Lead Judgment Report E. OGUNDARE, J.S.C  The plaintiff who is respondent in this appeal, had sued the defendants, now appellants, in the Warri Judicial Division of the former Bendel State, claiming N200,000 general damages for trespass, nuisance and injunction. Pleadings were ordered, filed and…

Osibakoro D. Otuedon & Anor V. Ambrose Olughor & Ors. (1997) LAWGLOBAL HUB Lead Judgment Report E. OGUNDARE, J.S.C.  The Plaintiffs who are now Appellants in this appeal, had sued the 1st set of Defendants (now 1st and 2nd Respondents) and Shell B. P. Petroleum Development Company of Nigeria Limited (now 3rd Respondent) in the…

Okonkwo Ukatta & Ors. V. James Ndinaeze & Ors. (1997) LAWGLOBAL HUB Lead Judgment Report O. OGWUEGBU, J.S.C.  The appellants before this court are plaintiffs in Suit No. HOR/15/87. They brought the action against the five defendants claiming in paragraph 26 of their statement of claim as follows:- “(a) A declaration of the communal entitlement…

Clement Obri Vs The State (1997) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. The appellant was charged with the offence of murder contrary to section 319(1) of the criminal code. He pleaded not guilty to the charge. Thereafter the prosecution called five witnesses and tendered some exhibits. The appellant testified in his own defence and…

Daniel E.idehen V. David Ehigie Osemwenkhae (1997) LAWGLOBAL HUB Lead Judgment Report B. WALI, J.S.C. In his writ of summons filed in Benin High Court of the defunct Bendel State, the plaintiff claimed as follows:- “1. A declaration that, being vested with the Customary and traditional title to a piece of land in Benin City…