LawGlobal-Hub Lead Judgment Report  Per ADEMOLA, C.J.N. When we heard this appeal at Enugu on the 6th February, 1964, we dismissed it for want of substance and indicated we would, in due course, give our reasons for the dismissal. The claim was made in the High Court of Onitsha Division in the Eastern Region, for wrongful…

Tambari Maijamaa V. The State (1964) LawGlobal-Hub Lead Judgment Report Per BAIRAMIAN, J. S. C This appellant and another person who has not appealed were convicted by Bate, J. of culpable homicide punishable with death for causing the death of Mohammadu Argumma Isawa at Kawari on 9th August, 1961. The deceased was a Native Authority policeman;…

Agolo Ibolukwu & Ors V. James Onoharigho (1964) LawGlobal-Hub Lead Judgment Report  BRETT JSC This is an appeal by the defendants against the judgment of the High Court of Western Nigeria awarding damages of £7,200 on a claim brought under Part 2 of the Torts Law in respect of the death of Emetejivbie Onoharigho, the…

Michael Adedapo Omisade & Ors V. The Queen (1964) LawGlobal-Hub Lead Judgment Report ADEMOLA, C.J.N. The appellants were charged with others in the High Court of Lagos and the criminal information filed against them is as follows:- “Oladipo Akinwunmi Maja, Michael Adedapo 36, Gabby Sasore, Adeyiga Akinsanya, Richard Babalola, Sunbo Jibowu, Samuel Akanbi Onitiri, Sebastian…

L.A. Morakinyo V. Ibadan City Council (1964) LawGlobal-Hub Lead Judgment Report BRETT,J.S.C. The appellant was employed by the Ibadan District Council and its predecessors in function from 1931 to 1958, and retired as a Clerk, Scale Ill. Retiring benefits consisting of a gratuity of £392-12s-1d and a pension of £94-4s-6d a year were granted to…

Attorney General, Eastern Nigeria V. Attorney General Of The Federation (1964) LawGlobal-Hub Lead Judgment Report BRETT. J.S.C. In these two actions the Government of Eastern Nigeria sues the Government of the Federation, with their respective Attorneys General as nominal parties in accordance with Order 2, rule 2 of the Federal Supreme Court Rules. The actions…

Lawrence Agbaje V. The Republic (1964) LawGlobal-Hub Lead Judgment Report BRETT, J.S.C. In this case the applicant was tried on a charge of murder in the High Court of Lagos before Coker J. (as he then was) sitting with a jury. The judge directed the jury that there was evidence of provocation which would, if…

Aor Nyam & Ors V. The State (1964) LawGlobal-Hub Lead Judgment Report IDIGBE, J.S.C.  We now give our reasons for dismissing this appeal on the 26th September, 1964. The appellants were on the 27th day of May, 1964, at the High Court, Jos, sitting at Gboko, convicted by Bate J. of culpable homicide punishable with…

Theophilus Adebayo Doherty & Anor V. Richard Ade Doherty (1964) LawGlobal-Hub Lead Judgment Report ADEMOLA, C.J.N. The appellants, who were the defendants in this case in the High Court of Lagos, have appealed against the order of Onyeama, J., as he then was, removing the first defendant from the office of trustee of the will…

Commissioner Of Police V. Christain Okoyen (1964) LawGlobal-Hub Lead Judgment Report BRETT, J.S.C. The respondent was convicted in the Sapele Magisterial District on charges under sections 277 and 369 of the Criminal Code of Mid-Western Nigeria. He appealed to the High Court, which allowed his appeal on both counts, and the prosecutor has appealed to…