John Bankole & Ors. V. Mojidi Pelu & Ors. (1991) LawGlobal-Hub Lead Judgment Report OMO J.S.C.  This case on appeal was commenced twenty four years ago (1967) in the High Court of Lagos State, When the Plaintiffs/appellants, the Beku-Onimaba family of Igando village, sued the Osumba family of Ikotun village, claiming a declaration of title…

African Petroleum Ltd. V. J. K. Owodunni (1991) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C.  By a writ of summons filed on 14th of November, 1983, the plaintiff claimed from the defendant as follows: “(a) Recovery of possession of the premises known and situate at 1, Ilabere Avenue, Ikoyi Lagos State which he was put into…

Deji Oyenuga Vs International Computers Ltd (1991) LawGlobal-Hub Lead Judgment Report OLATAWURA, J.S.C.  This appeal is on damages awarded by the lower court. Before referring to the only ground of appeal, I will state briefly the facts which led to the action which was instituted in the Judicial Division of the High Court of Lagos…

Nworie Nwali Vs The State (1991) LawGlobal-Hub Lead Judgment Report O. OLATAWURA, JSC. At the end of the hearing of this appeal on 7th February, 1991, I dismissed the appeal and I adjourned the reasons for the dismissal of the appeal till today. I now give my reasons. The appellant was charged with murder of…

M. O. Akinsuroju & Ors V. Chief Paul Ola Joshua & Ors (1991) LawGlobal-Hub Lead Judgment Report L. UWAIS, J.S.C.  In this case the appellants were the plaintiffs in a suit which they brought on the 26th day of May, 1966 in the then High Court of Western Group of Provinces, holden at Akure, against…

M.A. Akinsuroju & Ors Vs Chief Paul O. Joshua (1991) LawGlobal-Hub Lead Judgment Report M. L. UWAIS, J.S.C. In this case the appellants were the plaintiffs in a suit which they brought on the 26th day of May, 1966 in the then High Court of Western Group of Provinces, holden at Akure, against the respondents…

Matthew Oke Onwumere V. The State (1991) LawGlobal-Hub Lead Judgment Report O. I. AKPATA, J.S.C.  This appeal raises a number of legal issues, prominent amongst which is the question whether when a post-mortem examination has been performed medical evidence becomes imperative to establish the cause of death, regardless of other credible evidence pointing to the…

Garuba Abioye & Ors. V. Sa’adu Yakubu & Ors (1991) LawGlobal-Hub Lead Judgment Report BELLO, C.J.N. The main issue for determination in this appeal is whether, having regard to the provisions of the Land Use Act 1978, customary owners are entitled to be granted declaration of title to a parcel of land against their customary…

Yunusa Adamu & Ors. V. The State (1991) LawGlobal-Hub Lead Judgment Report M. A. BELGORE, J.S.C. This is a case of robbery in which the appellants were convicted and sentenced to twenty-one years imprisonment on each of the two courts under S.3A(b) and S.1(1) Robbery and Firearms (Special Provisions) Decree 1970 for conspiracy to commit…

Ahwedjo Efetiroroje & Ors. V. His Highness Onome Okpalefe II (The Osuivie Of Agbarho) & Ors (1991) LawGlobal-Hub Lead Judgment Report G. KARIBI-WHYTE, J.S.C. This appeal has brought into focus once again the anxieties in the often discussed question of the circumstances enabling an appellate court to set aside the exercise of the discretion by…