Arthur Onyejekwe V. The State (1992) LawGlobal-Hub Lead Judgment Report OMO, J.S.C. The appellant and three others were originally charged in the Anambra State High Court (Onitsha Division) with the murder of a Police constable, Igwe Uduma, at Ogidi, on the 21st January 1984. Following a submission of no-case made at the end of the…

Edio Ekretsu & Anor Vs Millar Oyobebere & Ors (1992) LawGlobal-Hub Lead Judgment Report E. O. OGWUEGBU, J.S.C.  In a writ of summons issued on 20/10/76 at the High Court of the then Bendel State of Nigeria holden at Ugheli, Ekio, Ekretsu and Evru Onorovwie for themselves and as representing Unuaro family of Uwheru sued…

Peter Adeboye Odofin & Anor V. Chief Agu & Anor. (1992) LawGlobal-Hub Lead Judgment Report G. KARIBI-WHYTE, J.S.C.  This Judgment is based on the fundamental issue of the jurisdiction of the Court of Appeal to hear and determine the appeal. The issue of the competence of the Court of Appeal to hear the appeal is…

Cedric Moss & Ors Vs Kenrow (Nigeria) Limited & Ors (1992) LawGlobal-Hub Lead Judgment Report U. OMO, J.S.C. The action now on appeal was originally instituted by the plaintiffs/appellants, who are beneficiaries of the estate of Noel Wilfred Moss (deceased). The first to fourth plaintiffs/appellants are his children; the fifth plaintiff is his grandson (son…

Alhaja Afusat Ijelu & Ors. V. Lagos State Development And Property Corporation & Ors. (1992) LawGlobal-Hub Lead Judgment Report This application has been brought pursuant to the provisions of Section 213 (5) of the Constitution of Nigeria, 1979. Order 2 Rule 31(1) and (2) of the Supreme Court Rules, 1985 and the Court’s inherent powers.…

Cedric Moss & Ors. V. Kenrow (Nigeria) Limited & Ors. (1992) LawGlobal-Hub Lead Judgment Report OMO, J.S.C. The action now on appeal was originally instituted by the plaintiffs/appellants, who are beneficiaries of the estate of Noel Wilfred Moss (deceased). The first to fourth plaintiffs/appellants are his children; the fifth plaintiff is his grandson (son of…

Benneit Karibo & Ors V. Amos Grend & Anor (1992) LawGlobal-Hub Lead Judgment Report OMO, J.S.C.  This appeal which was dismissed after hearing counsel on 20/1/92, was then adjourned to 3/4/92 for reasons for the decision of this Court to be given. The plaintiffs/appellants claimed against the defendants/respondents, in the High Court of Rivers State…

Fred Egbe Vs. M.D. Yusuf (1992) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C. In the substantive action in the High Court of Lagos State, the appellant in this appeal, as plaintiff, issues a writ on the 19th day of November, 1979, claiming against the respondent herein, the sum of N5,000,000 (Five million Naira) “being general and…

Chief S.A. Dada & Ors. V. Otunba Adeniran Ogunsanya & Anor. (1992) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C. This is an appeal against the judgment of the Court Of Appeal, Lagos Division, delivered on the 5th day of June, 1990, allowing the appeal from the ruling of Adeyinka, J dated 15th April, 1988 striking out…

Chungwom Kim V. State (1992) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C  In a Jos High Court presided over by Emefo, J., the appellant was charged with an offence of culpable homicide punishable with death. The charge as amended read as follows: “That you CHUNGWOM KIM, on or about the 5th day of July, 1981 at…