Ozaki & Anor Vs The State (1990) LawGlobal-Hub Lead Judgment Report A.O. OBASEKI, J.S.C. This criminal appeal raises important issues. The first is the burden of proof or onus of proof and the second is the question of standard of proof required in criminal cases to secure conviction. The other equally important issues raised are…

E. T. Awoleye Vs Board Of Customs And Another (1990) LawGlobal-Hub Lead Judgment Report NNAMANI, J.S.C. Having heard learned counsel to the parties, and having read the proceedings, I am of the view that the law is well settled that since the commencement of the constitution of the Federal Republic of Nigeria 1979, the State…

Micheal Okaroh V. The State (1990) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C.  This is a further appeal by the accused person, Michael Okaroh, from the judgment of the Court of Appeal, Jos Division, coram: Maidama, Jacks and Mukhtar, JJ.C.A. That court had dismissed his appeal against the judgment of Soluade, J., convicting the appellant of…

Raphael Udeze & Ors. V. Paul Chidebe & Ors. (1990) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C.  This is a further appeal by the plaintiffs in this case against the dismissal, by the Court of Appeal, Enugu Division, of their appeal against the decision of Awogu, J. (as he then was) sitting in an Onitsha High…

Kpiishi Kuusu V. Vanger Udom (1990) LawGlobal-Hub Lead Judgment Report NNAMANI, J.S.C. In this suit which started in the Grade II Area Court of Ameradu, Benue State, the respondent/plaintiff claimed against the defendant/appellant for title to a piece of farm land at Ubwage. The Area court after hearing the parties and their witnesses preferred the…

Kplishi Kuusu Vs Vanger Udom (1990) LawGlobal-Hub Lead Judgment Report NNAMANI, J.S.C. In this suit which started in the Grade II Area Court of Ameradu, Benue State, the respondent/plaintiff claimed against the defendant/appellant for title to a piece of farm land at Ubwage. The Area court after hearing the parties and their witnesses preferred the…

John C Anyaduba & Anor V. Nigerian Renowned Trading Co Ltd (1990) LawGlobal-Hub Lead Judgment Report ESO, J.S.C. This is a well argued appeal. We had the advantage of two top senior advocates (though one of them was a party to the action and therefore he appeared in person) excellent briefs and excellent oral submissions.…

Ezeokafor Umeojiako & Anor Vs Ahanonu Ezenamuo & Ors (1990) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C.  The appellants were plaintiffs at the trial court and having lost their case there appealed to the Court of Appeal, Enugu Division, where their appeal was dismissed. Both parties are from the same locality, Ikenga, but from two different…

Chief Adenigba Afolayan Vs Oba Joshua Ogunrinde (1990) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C. On the 27th day of November, 1989, after considering the submissions of counsel for the appellant and respondents made to the court in their briefs in writing and orally before us in this court, I dismissed the appeal with N500.00 costs…

Gbaniyi Osafile & Anor V. Paul Odi & Anor (1990) LawGlobal-Hub Lead Judgment Report NNAEMEKA-AGU, J.S.C. There are two separate appeals in this case each supported with its separate set of briefs. The first raises a somewhat novel issue as to the value, if at all, of a judgment, which has been declared null and…