Ozana Ubierho V. The State (2005) LAWGLOBAL HUB Lead Judgment Report KATSINA-ALU, J.S.C. The appellant, Ozana Ubierho and seven others were arraigned before the Warri High Court on a one count charge of murder of one Miemie Uwarah contrary to section 319(1) of the Criminal Code, Cap. 48, Volume II, Laws of Bendel State of…

Chief Joshua Alao V. Alfa Issa Akano (2005) LAWGLOBAL HUB Lead Judgment Report DAHIRU MUSDAPHER, JSC Chief Joshua Alao, the appellant herein, instituted this action in the High Court of Kwara State and in the Ilorin Judicial Division against the three respondents herein as the defendants seeking the following reliefs jointly and/or severally:- “1. A…

O. Arabambi & Anor. V. Advance Beverages Industries. Ltd. (2005) LAWGLOBAL HUB Lead Judgment Report A.M. MUKHTAR, J.S.C. In its further amended-statement of claim before the Lagos High Court the respondent who was then the plaintiff claimed the following damages:- “Particulars of special damages Fixed Assets: DM N Plant and Machinery (DM1 N4.06) 5,473,380 222,221,922.00…

Samson Owie V. Solomon E. Ighiwi (2005) LAWGLOBAL HUB Lead Judgment Report ONU, J.S.C. This appeal relates to a land dispute under Bini customary law measuring 200 feet by 500 feet and situate at Egba village along Benin/Abraka road. By his further amended statement of claim dated 2nd June, 1992 and filed on 9th October,…

Augustus A. Ndukaba V. Chief Silas M. Kolomo (2005) LAWGLOBAL HUB Lead Judgment Report A. OGUNTADE, JSC This appeal is another reminder of the old abandoned property conundrum from Rivers State. Augustus A. Ndukauba, now deceased commenced an action in 1988 against the respondents in this appeal claiming for: (i) A declaration that the plaintiff…

Auto Import Export V. J.A.A. Adebayo & Ors (2005) LAWGLOBAL HUB Lead Judgment Report OGUNTADE, J.S.C.  The appellant, a Romanian company was the plaintiff at the Lagos High Court. It had on 14/11/79 issued its writ of summons against three defendants claiming for the following:- “The plaintiff’s claim against the defendants jointly and/or severally is…

Chief Berthrand E. Nnonye V. D. N. Anyichie (2005) LAWGLOBAL HUB Lead Judgment Report A. AKINTAN, JSC The appellant, as plaintiff, instituted this action at Awka High Court in Anambra State as Suit No. AA/157/88 against the respondents as defendants jointly and severally. His claim, as set out in paragraphs 9 of his statement of…

Alsthom S. A. V. Chief Dr. Olusola Saraki (2005) LAWGLOBAL HUB Lead Judgment Report ACHIKE, J.S.C. The appellants/applicants in a motion dated and filed on 19/4/2000 prayed the court that their amended writ of summons and the 2nd further amended statement of claim be amended as follows: “The plaintiffs claim jointly and severally from the…

Robert I. Ikweki V. Mr. James Ebele (2005) LAWGLOBAL HUB Lead Judgment Report A. OGUNTADE, JSC The appellants were the plaintiffs at the Sapele High Court of the old Mid-Western State of Nigeria where they claimed as the repre-sentatives of the Enegware Ovwere and Osebakpor families of Ughoton Okpe clan against the respondents as the…

Yekini Adedokun Oyadare V. Chief Olajire Keji (2005) LAWGLOBAL HUB Lead Judgment Report KUTIGI, J.S.C. In the High Court of Justice, holden at Ibadan, the plaintiff sued the defendants for the following reliefs:- (i) Declaration that the plaintiff and other members of the Apete family are entitled to apply, for a certificate of occupancy in…