Patrick Abusomwan Vs G.o. Aiwerioba & Anor (1996) LAWGLOBAL HUB Lead Judgment Report BELGORE, JSC. Both the plaintiff/appellant and first respondent were businessmen in Benin. They proposed to jointly float a company so that they would trade together in certain commodities. It seemed that joint venture company could not be incorporated in time and it…

Chief Belonwu Ugochukwu Vs Cooperative & Commerce Bank (Nigeria) Ltd (1996) LAWGLOBAL HUB Lead Judgment Report KUTIGI, JSC. By paragraph 22 of his Amended Statement of Claim the plaintiff claimed against the defendant as follows:- “A. Declaration that the Deed of Legal Mortgage purportedly made between the plaintiffs as Mortgagor end the defendant as Mortgagee…

Gbadamosi Rabiu Vs Silifatu Abasi (1996) LAWGLOBAL HUB Lead Judgment Report ADIO, J.S.C.  The property in dispute is at No. 20 Olowu Street, Lagos. It belonged to one Madam Ayisatu Awape (hereinafter referred to as “Madam Awape”). In her lifetime she had three children, namely, Alhaji Gbadamosi Rabiu (the defendant/appellant), Idirisu (the father of the…

Funduk Engineering Ltd. Vs James Mc Arthur (1996) LAWGLOBAL HUB Lead Judgment Report UWAIS, C.J.N. By a writ of summons taken out on the 18th day of December, 1985 the plaintiff/appellant brought an action against the defendants/respondents in the High Court of Oyo State, holden at Ibadan. The case was heard by Ibidapo-Obe. J. In…

University Of Calabar V. Dr. Okon J. Essien (1996) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. Dr. Okon J. Essien (hereinafter is referred to as the plaintiff) was a lecturer in the Department of Economics of the University of Nigeria, Nsukka, Calabar Campus from October 1974. On the establishment of the University of Calabar, in…

Alhaji Salisu Babuga Vs The State (1996) LAWGLOBAL HUB Lead Judgment Report BELGORE, JSC.  At the Kano High Court, the appellant was tried and convicted of culpable homicide punishable by death under section 221 of the Penal Code Law. The victim of the offence (hereinafter referred to as “the deceased”) Mamuda Gambo, was a neighbour…

Layade Vs Panalpina World Transport Nig. Ltd (1996) LAWGLOBAL HUB Lead Judgment Report BELGORE, JSC. The appellant is a chartered accountant and was employed with effect from 3rd May, 1978 by the respondent as Chief Internal Auditor as evidenced by respondent’s letter of 28th April, 1978, Exhibit B, which reads: “Mrs. O.O. Layade, 10, Glover…

African Continental Bank Limited & Anor V. Prince A.O. Awogboro & Anor (1996) LAWGLOBAL HUB Lead Judgment Report OGWUEGBU, J.S.C. The plaintiffs instituted a civil action in the Ikeja Division of the High Court of Lagos State against the defendants claiming that the mortgage between the 1st plaintiff and the 1st defendant which is secured…

Omimke Ebevuhe & Ors Vs Madam Etibio Ukpakara & Ors (1996) LAWGLOBAL HUB Lead Judgment Report ONU, JSC. This is an appeal against the decision of the Court of Appeal sitting in Benin City, which on 7th December, 1990 dismissed in its entirety the defendants/appellants’ appeal from the trial Court’s decision wherein the plaintiffs/respondents had…

Felix Okoli Ezeonwu V. Chief Charles A. Onyechi & Ors. (1996) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. There existed an organisation known as the Ufuma Practical Praying Band with headquarters at Ufuma in the Aguata Local Government Area of Anambra State. It had a branch in Kano where the 1st defendant in these proceedings…