Chief Gani Fawehinmi & Ors Vs. General Ibrahim Babangida (Rtd- 2003) LAWGLOBAL HUB Lead Judgment Report UWAIFO JSC. On 31 October, 2001, the Court of Appeal, Lagos Division, gave answers to questions set out in a reference made to it by the Federal High Court, Lagos under section 295(2) of the Constitution of the Federal…

Tiamiyu Adewole V Joseph Popoola Dada (2003) LAWGLOBAL HUB Lead Judgment Report L. KUTIGI, J.S.C. In the High Court of Justice holden at Ibadan the plaintiff claimed against the defendant as follows – “1. N1,000.00 representing damages for trespass committed and still being committed by the defendant by himself and through his agents on the…

Chief Thomas Okpala V M. U. Okpu & Ors (2003) LAWGLOBAL HUB Lead Judgment Report NIKI TOBI, JSC. In Suit No. SC.106/1996, this Court delivered a judgment on 24th October, 1969 in a similar matter. Although the parties are different, the claim was based on virtually the same portion or parcel of land. The plaintiffs…

Joe Golday Co. Limited & Ors V Co-operative Development Bank Plc (2003) LAWGLOBAL HUB Lead Judgment Report O. UWAIFO, JSC The plaintiff’s statement of claim in this case is by any standard prolix. There are ostensibly 35 paragraphs but in effect there are in all 115 paragraphs. This is because paragraph 11 has 60 sub-paragraphs…

Alhaji Aminu Dantsoho V. Alhaji Abubakar Mohammed (2003) LAWGLOBAL HUB Lead Judgment Report I. KATSINA-ALU, J.S.C.  This is an appeal from a judgment of the Court of Appeal, Kaduna Division delivered on the 26th of February, 1996. The respondent as plaintiff in the Kano State High Court took out a writ of summons against the…

Gozie Okeke V. The State (2003) LAWGLOBAL HUB Lead Judgment Report M. A. BELGORE, J.S.C. The appellant was arraigned before Ezeani J. sitting at Awka in the High Court of Anambra State, for the murder of one Kenneth Ojukwu (hereinafter referred to as the “deceased”). The appellant, the deceased and some other persons living at…

Dr. T. E. A Salubi V Mrs. Benediata E. Nwariaku (2003) LAWGLOBAL HUB Lead Judgment Report O. AYOOLA, J.S.C.  The action to which this appeal relates concerned the estate of Chief T.E.A. Salubi (“the deceased”) who died intestate on 19th September, 1982 survived by his widow who he married under the then Marriage Ordinance, two…

The State V Squardron Leader S. I. Olatunji (2003) LAWGLOBAL HUB Lead Judgment Report KALGO, JSC. The respondent was a Squadron Leader in the Nigerian Air Force Headquarters in Lagos. His Force No. was NAF/1217. He was one of the nine pay Officers of the Pay and Accounting Group (PAG) under the Directorate of Finance…

Arjay Limited Vs Airline Management Support Ltd (2003) LAWGLOBAL HUB Lead Judgment Report U. ONU, J.S.C. By an application for a writ of summons dated the 21st day of March, 1997, the respondent as plaintiff, claimed against the appellants who were defendants before Abdullahi Musdapher, J. of the Federal High Court sitting in Kano, as…

Arch-bishop Peter Yariyok Jatau Vs Alhaji Mansur Ahmed & Ors (2003) LAWGLOBAL HUB Lead Judgment Report A. KALGO, JSC. The appellant was the plaintiff in the High Court of Justice Kaduna where he commenced this action on 3rd July 1984 against the respondents jointly and severally claiming as per paragraph 24 of his amended statement…