Comptoir Commercial & Ind. S.p.r. Ltd V. Ogun State Water Corporation (2002) LAWGLOBAL HUB Lead Judgment Report E. O. AYOOLA, JSC The appellant Comptoir Commercial & Ind. SPRL being dissatisfied with the award made on 23rd December, 1986 by the arbitrator in the dispute between it and the respondent, the Ogun State Water Corporation, appealed…

Dr. Oladipo Maja V. Mr. Costa Samouris (2002) LAWGLOBAL HUB Lead Judgment Report I. IGUH, J.S.C. The proceedings leading to this appeal were first instituted in the High Court of Justice, Lagos State. In that court, the plaintiff claimed against the defendant the sum of N2,000,000.00 (Two million Naira) being special and general damages for…

Salisu Yahaya V. The State (2002) LAWGLOBAL HUB Lead Judgment Report L. UWAIS, C.J.N. On 31st March, 1994 the Director of Public Prosecutions of Ogun State applied by a letter addressed to the then Chief Judge of Ogun State seeking his consent, under the provisions of section 340 subsection (2)(b) of the Criminal Procedure Law,…

Nnah George Onyeabuchi Vs Independent National Electoral Commission (Inec) Abuja & Ors (2002) LAWGLOBAL HUB Lead Judgment Report E. O. AYOOLA, JSC. This is an appeal from the decision of the Court of appeal (Mudapher, Munkata-Commassie and Bulkachuwa, JJ.C.A) made on 12th February, 2001 dismissing the appellant’s appeal from the decision of the Federal High…

Ayisatu Ashabi Ewuoso & Ors V. Mr. Raufu Adeoye Fagbemi (2002) LAWGLOBAL HUB Lead Judgment Report M. E. OGUNDARE, JSC.  By a writ of summons issued in May 1982 (and as subsequently amended) the plaintiffs (who are now Appellants before us) sued the defendant (now Respondent) claiming: “(a) a declaration that they are the persons…

Alhaji Balarabe M. Abubakar Vs Unipetrol Nigeria Plc (2002) LAWGLOBAL HUB Lead Judgment Report I. L. KUTIGI, JSC.  This is an interlocutory appeal against the decision of the Court of Appeal, Kaduna contained in its Ruling delivered on 8th July, 1997. The Applicant/Respondent in the court below had applied vide summons to show cause, for…

Sabru Motors Nigeria Limited Vs Rajab Enterprises Nigeria Limited (2002) LAWGLOBAL HUB Lead Judgment Report O. OGWUEGBU, J.S.C. The appellant was the defendant in Suit No. ADSY125/93 instituted by the respondent as plaintiff in the High Court of Adamawa State, Yola Judicial Division. The defendant was an accredited distributor of the Anambra Motor Manufacturing Company…

Samson Ugochukwu Vs Unipetrol (Nig.) Plc (2002) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C.  This is an appeal from the decision of the Court of Appeal, Lagos Division. From the pleadings, the appellant who was plaintiff at the trial court claimed that on the 2nd day of June, 1993 he went to buy fuel at…

Moses Okhuarobo V. Chief Egharevba Aigbe (2002) LAWGLOBAL HUB Lead Judgment Report I. IGUH, J.S.C. The appellants are the surviving defendants in a suit instituted by the plaintiff at the then High Court of Justice, Bendel State wherein the plaintiff’s claims as set out in paragraph 40 of his amended statement of claim are as…

Arjandas Hiranand Melwani V. Five Star Industries Limited (2002) LAWGLOBAL HUB Lead Judgment Report E. OGUNDARE, J.S.C.  The plaintiff was a shareholder and director in the defendant Company (hereinafter is referred to as the company). The Board of Directors of the company, by a resolution, on 21st February 1986 transferred his shares to Edict Ltd.…