Adeoye Magbagbeola V. Temitope Sanni (2005) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. The respondent Temitope Sanni who was the claimant in the Lagos State High Court had on 28th March, 2000 brought an application pursuant to section 7(2) (b) of the Arbitration and Conciliation Act Cap. 19 Laws of the Federation of Nigeria 1990…

Benneth N. Okere V. Prince O.d. Amadi & Ors (2005) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C. The main question that calls for determination in this appeal is, whether the appellant as opposed to the 1st respondent was properly appointed by the 2nd respondent, the Military Administrator of Imo State as the Traditional Ruler of…

International Messengers (Nig) Ltd V. Pegofor Industries Limited (2005) LAWGLOBAL HUB Lead Judgment Report D.O. EDOZIE, JSC The Respondent and Appellant were respectively Plaintiff and Defendant before the Onitsha High Court in Suit No. O/31/92. The Plaintiff, a company engaged in the manufacture of industrial gas had a chemical plant in Onitsha, which was installed…

Monsuru Solola V. The State (2005) LAWGLOBAL HUB Lead Judgment Report D.O. EDOZIE, JSC The 1st and 2nd Appellants as 1st and 2nd accused persons respectively, together with two others, namely Latifu Solola (3rd accused) and Kabiru Solola (4th accused) were initially jointly arraigned at the High Court of Justice, Abeokuta on a two count…

The Attorney-general Of Anambra State V. The Attorney-general Of Federal Republic Of Nigeria & Ors (2005) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. In this suit, the plaintiff is the Attorney-General and Chief Legal Officer of Anambra State. He brought this action as representative of the Government of Anambra State. The 1st defendant is the…

Magna Maritime Services Ltd. & Anor. V. S.A. Oteju & Anor (2005) LAWGLOBAL HUB Lead Judgment Report KALGO, J.S.C. This appeal is not as complicated as portrayed by the learned counsel for the appellants in his brief of argument. There was no cross appeal filed by the respondents in the appeal to this court and…

A. I. C. Limited V. Nigerian National Petroleum Corporation (2005) LAWGLOBAL HUB Lead Judgment Report EDOZIE, J.S.C. In 1980, the appellant, a Nigerian Company entered into an agreement with a German Company (Mannesmann – Anlagebau A. G.). Under the terms of the agreement, exh. “B” (hereinafter referred to as ‘Commission Contract’) the appellant was to…

Okachi Azuokwu V. Tasie Nwokanma & Anor (2005) LAWGLOBAL HUB Lead Judgment Report KALGO, J.S.C. This is an appeal from the decision of the Court of Appeal, Port Harcourt, delivered on 4th April, 2000. The case started at the Customary Court, Isiokpo, Rivers State, where the 1st respondent and one Udom Njoku as plaintiffs, on…

Mkpen Tiza & Anor. V. Iorakpen Begha (2005) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C. In the Grade 1 Area Court of Sankara, Benue State of Nigeria, in suit No. SAC/17/95, the plaintiff claimed against the defendant jointly and severally as follows:- “(i) declaration of title to the land; (ii) an order of perpetual injunction…

Dr. Jonathan Cookey V. Mrs. Evangeline Fombo & Anor (2005) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. The plaintiff in paragraph 14 of her statement of claim which superceded the writ of summons, claims as follows:- “Wherefore the plaintiff claims against the 1st defendant and 2nd defendant jointly and severally for – (a) Declaration that…