Benedict Agwunedu & Ors. V. Christopher Onwumere (1994) LawGlobal-Hub Lead Judgment Report MOHAMMED, J.S.C. In a representative action, instituted and filed in the High Court of East Central State of Nigeria, (now Imo State) the respondent, in the appeal, claimed against the appellant as follows: “1. Declaration of title to that piece or parcel of…

Eleazor Obioha V. Innocent Ibero & Anor (1994) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C.  On 26th day of February, 1993 in the appeal No. S.C.91/1988, this Court allowed the appeal and set aside the decision of the Court of Appeal. It was a unanimous decision. I had the opportunity of agreeing with the lead judgment…

Buba V. The State (1994) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C.  The appellant was the husband of the deceased. The appellant, who lived at Jos, plateau State, had been separated from the deceased since 1978. The deceased, Lucy Agbange, left with the two children of the marriage and finally settled at Katsina-Ala, Benue State. Several…

Nwali Nnabo Vs The State (1994) LawGlobal-Hub Lead Judgment Report OGWUEGBU, J.S.C. The appellant (Nwali Nnabo) was arraigned before Offiah, J. sitting at the Abakaliki High Court in Anambra State with the offence of murder contrary to S.319(1) of the Criminal Code, Cap. 30 Vol. II, Laws of Eastern Nigeria applicable in Anambra State. He…

Francis Orok V. The State (1994) LawGlobal-Hub Lead Judgment Report IRIKEFE, J.S.C. (Presiding): In this case, had the Court of Appeal (Enugu Zone) followed our decision in Nofiu Surakatu vs. Nigeria Housing Development Coy. (1981) 4 S.C. 26, it could have treated the heading of the appeal forms as a clerical error, amended same, and…

Yesufu Amuda V. Alhaji Abdulkadir Adelodun & Anor (1994) LawGlobal-Hub Lead Judgment Report ADIO, J.S.C.  The appellant, as plaintiff, instituted an action in the Kwara State High Court of Justice, Ilorin Judicial Division, against the respondents. His claim was as follows:- “(i) A declaration that he is the rightful Oba Elesha of Oke-Ode having been…

Saturday Ndike V. The State (1994) LawGlobal-Hub Lead Judgment Report OGWUEGBU, J.S.C. The appellant, Saturday Ndike was tried, convicted and sentenced to death by Ungbuku, J. as he then was in the High Court of River State, Port Harcourt Judicial Division. He was charged with the murder of one Aminikpo Dodoo on 1:8:81. The facts…

Union Bank Of Nigeria Ltd. V. Sax (Nig.) Ltd. & Ors (1994) LawGlobal-Hub Lead Judgment Report ADIO, J.S.C.  In the Ilorin Judicial Division of the Kwara State High Court, the respondents instituted an action against the appellant. The claim, as stated in paragraph 48 of the Amended Statement of Claim, was as follows:- “(a) a…

N.A.B. Kotoye V. Mrs. F.m. Saraki & Anor (1994) LawGlobal-Hub Lead Judgment Report KUTIGI, J.S.C. In the consolidated suits Nos. LD/845/87 and LD/938/87 the plaintiffs together and the 2nd plaintiff alone respectively claimed against the defendant as follows:- “LD845/87 (1) A declaration that the 2,400,000 shares and the Bonus, Scripts and other shares attached thereto…

Edokpolo & Co. Ltd. V. Samson Ohenhen & Anor (1994) LawGlobal-Hub Lead Judgment Report ADIO J.S.C.  The appellant, as plaintiff, in the High Court of Justice, Benin Judicial Division of the defunct Mid-Western State of Nigeria, instituted an action against the 1st respondent and the father of the 2nd respondent. The father of the 2nd…