The Hon. Justice E. O. Araka V. The Hon. Justice Don Egbue (2003) LAWGLOBAL HUB Lead Judgment Report TOBI, J.S.C. This appeal involves a fairly narrow area of our adjectival law. It has to do with the interpretation or construction of section 97(2)(c) of the Evidence Act, Cap. 112, Laws of the Federation of Nigeria,…

Andrew Mark Macaulay Vs Raiffeisen Zentral Bank Osterreich (2003) LAWGLOBAL HUB Lead Judgment Report U. A. KALGO, JSC The issues which arise for the determination of this court in this appeal are on a very narrow compass. They are: “1. Whether the Court of Appeal was right in holding that the registration of the judgment…

Owoniboys Tech. Services Ltd. V. Union Bank Of Nig. Ltd (2003) LAWGLOBAL HUB Lead Judgment Report O. EJIWUNMI, J.S.C. The thrust of this appeal filed against the judgment of the Court of Appeal (Kaduna Division Coram, Ogebe, M. Mohammed and Muhammad, JJCA) was for the purpose of overturning the judgment of that court which had…

Joseph Saliba Vs Roda Yassin (2002) LAWGLOBAL HUB Lead Judgment Report I. KATSINA-ALU, J.S.C. This case originated in the High Court of Plateau State Judicial Division in suit No. PLD/J210/90. The plaintiff Roda Yassin in that suit had claimed against the defendant Joseph Saliba as per paragraph 20 of the Amended Statement of Claim as…

Thor Limited V. First City Merchant Bank Ltd (2002) LAWGLOBAL HUB Lead Judgment Report In the High Court of Lagos State holden at Lagos, summary judgment was entered on 9th December, 1994 against the Appellant who was Defendant (per A. Ade Alabi J.) for N12,303, 145.19 plus interest and costs under Order 10 (now Order…

Julius Oba Fatoyinbo V. Michael Dada Osadeyi (2002) LAWGLOBAL HUB Lead Judgment Report U. A. KALGO, J.S.C.  This is an interlocutory appeal. It is an appeal from the ruling of the Court of Appeal Benin, delivered on 26th of June, 1995. The appellants were the plaintiffs in the trial court at Ado-Ekiti High Court. They…

Young Ukauwa Uguru V. The State (2002) LAWGLOBAL HUB Lead Judgment Report A. KALGO, J.S.C. In an amended charge or information, the appellant Young Ukauwa, his mother, Ijeoma Ukauwa and his sister Nwanyisunday Ukauwa were charged with murder contrary to section 319(1) of the Criminal Code, Cap. 30, Laws of Eastern Nigeria, 1963. The charge…

Solomon Ogboh V. The Federal Republic Of Nigeria (2002) LAWGLOBAL HUB Lead Judgment Report E. O. OGWUEGBU, JSC. This appeal is against the judgment of the Miscellaneous Offences Tribunal, Kaduna Zone which found the appellant and one Steven Alele guilty of dealing in 198.5 kilograms of Indian Hemp otherwise known as Cannabis Sativa without lawful…

Alhaji Emiola Amusa Adeleke Vs Bayo Asani (2002) LAWGLOBAL HUB Lead Judgment Report O. EJIWUNMI, J.S.C. This action which has resulted in this appeal was commenced by the plaintiff on his own behalf and the Akinlade family by a writ of summons in Suit No. 1/567/84 against S.A. Aremu. Following the death of S.A. Aremu,…

Cyprain Onwuama V. Loius Ezeokoli (2002) LAWGLOBAL HUB Lead Judgment Report S. O. UWAIFO, J.S.C. This case originated in the Customary Court of Agudo where the plaintiff/respondent in his claim sought four reliefs [as actually stated in the writ of summons] against the defendant/appellant, namely, (1) N500.00 damages for trespass to land and harvesting palm…