Sanni Akande V Sanusi Araoye And Anor (1968) LawGlobal-Hub Lead Judgment Report BRETT,J.S.C. In this case the writ of summons contained four heads of claim. The first two were:- “(1)A declaration that the judgment given in favour of the defendant by Mr. E. O. Enahoro on 18th November, 1960, under the Inter Tribal Boundaries Settlements…

Emmanuel Fagbemi V Isiah Aluko (1968) LawGlobal-Hub Lead Judgment Report ADEMOLA,  C.J.N. This is an appeal from the judgment of the High Court of Western Nigeria holden at Oshogbo, which allowed the appeal of the defendant against the judgment of the President of the Ilesha Grade A Customary Court. The plaintiff’s claim before that court…

Albert Olakunle Apara V Christiana Modupe Apara (1968) LawGlobal-Hub Lead Judgment Report ADEMOLA, C.J.N. At the hearing of this appeal, the appellant abandoned his appeal against the dismissal of his cross-petition, but he contended that the order made for the custody of the children (three girls of tender age) including the order for maintenance as…

Ajukwu Ude V Mordi Ikemefune And Ors (1968) LawGlobal-Hub Lead Judgment Report MADARIKAN, J.S.C The appellant in this appeal was the plaintiff in the Aniocha Grade ‘B’ Customary Court in suit No. 103C/63 in which his claim against the respondents who were the defendants in that court read:- ‘The plaintiff declares title of ownership to…

Arbico Limited V Federal Board Of Inland Revenue (1968) LawGlobal-Hub Lead Judgment Report LEWIS, J.S.C. Arbico Limited (hereinafter in this judgment referred to as ‘the Company’) were assessed for tax for the year ending the 31st of March, 1964, inter alia, for the sum of £7,211.12.0d, being tax payable at the rate of 8/- in…

S.Y. Eke V The Midwestern Nigeria Development Corporation (1968) LawGlobal-Hub Lead Judgment Report COKER, J.S.C. This ruling is concerned with an application by Sylvester Yesufu Eke for an order granting him:- “leave to appeal to this honourable court against the judgment (in appeal No.M/13/67) of the High Court of Midwestern State, Nigeria, holding at Benin…

Fasasi Adesanya (Trading Under The Name And Style Of Negro Commercial Agency) V Leigh Hoegh And Co. A/s (1968) LawGlobal-Hub Lead Judgment Report LEWIS, J.S.C This Is an appeal by the plaintiff against the decision of Adefarasin J. on the 23rd of March 1967 in the Lagos High Court in Suit LD/167/66 dismissing his claim…

Dr. E.O.A. Denloye V Medical And Dental Practitioners Disciplinary Committee (1968) LawGlobal-Hub Lead Judgment Report ADEMOLA, C.J.N. The appellant in this matter has complained against the decision of the Medical and Dental Practitioners Disciplinary Tribunal which has found him guilty on five counts of infamous conduct in a professional respect and has ordered the removal…

Bandele Elegbede V Jacob Babalola (1968) LawGlobal-Hub Lead Judgment Report MADARIKAN, J.S.C.  The respondent in this appeal was the plaintiff in the Ilesha Southern Grade ‘B’ Customary Court where he instituted action against the appellant claiming in Suit No. SB. 144/62 “recovery of cocoa farm situated at Araromi on refund of £90 loan to defendant.”…

Victor Yiborku V The Republic (1968) LawGlobal-Hub Lead Judgment Report MADARIKAN, J.S.C. In charge No. 530/67 the appellant stood trial in the Chief Magistrate’s Court Lagos on charges of various offences of fraudulent false accounting and stealing, and on the 23rd February, 1967 he was discharged and acquitted on all counts. Thereafter the State filed…