Mrs. Elizabeth N. Anyaebosi V. R.t. Briscoe (Nig.) Ltd. (1987) LawGlobal-Hub Lead Judgment Report UWAIS, J.S.C. The parties to this case were originally the respondent (as plaintiff) and the late Innocent Ositadinma Anyaebosi (as defendant). The defendant (hereinafter referred to as “the deceased”) who was trading as “Ositadinma Trading Stores” applied by a letter dated…

Sonnar (Nig.) Ltd & Anor. V. Partenreedri M. S. Nordwind Owners Of The Ship M. V. Nordwind & Anor. (1987) LawGlobal-Hub Lead Judgment Report ESO, J.S.C. The facts of this case are not in dispute. Before stating the application which was brought by the Defendants before the Federal High Court Lagos, Coram S. A. Sowemimo…

Obeya Memorial Specialist Hospital Ayi-onyema Family Limited V. Attorney-general Of The Federation & Anor. (1987) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C. This is an interlocutory appeal. The Plaintiffs/appellants instituted an action against the respondents in the Benue State High Court of Justice at Makurdi claiming: (1) a declaration that the entry of the land and…

Iheaguta U. Nwagwu & Anor. V Ohazurike Okonkwo & Ors. (1987) LawGlobal-Hub Lead Judgment Report KAZEEM, J.S.C In this appeal, the Appellants who were the Plaintiffs at the trial, sued the Respondents as Defendants for the following claims:- “(a) Declaration of title to all that piece or parcel of land known as and called OKPULO…

John O. Imona-russel Vs. Niger Construction Ltd. (1987) LawGlobal-Hub Lead Judgment Report UWAIS, J.S.C.  On the 7th April,1987 this appeal was allowed in part. Special damages assessed at N7,000.00 together with N300.00 costs were awarded in favour of the Appellant and we reserved our reasons for the decision till today. I now give reasons. The…

Emmanuel Onyema & Ors. V. Uwaeze Oputa & Anor. (1987) LawGlobal-Hub Lead Judgment Report ESO, J.S.C.  This appeal has raised a very interesting issue of law as to the appropriate court where the action should be heard. But let us state the facts first, and, indeed, they are not in controversy. The action of the…

Edward Aiyetan V. The Nigerian Institute Of Oil Palm Research (1987) LawGlobal-Hub Lead Judgment Report NNAMANI, J.S.C.  In this Suit which began in the Benin Division of the High Court of Bendel State, the appellant, who was Plaintiff therein, sued the respondent Institute claiming the following reliefs: “(1) A declaration that the dismissal or purported…

Chief Adedapo Adekeye & Ors. V. Chief O. B. Akin-olugbade (1987) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. The present Respondent as Plaintiff sued two Defendants in the Lagos High Court namely Chief Adedapo Adekeye and Alban Pharmacy Limited claiming: “(a) An account of the Partnership business of “Excelsior Building Society” from the period 24th March…

Bank Of Baroda & Anor. V. Mercantile Bank (Nig.) Ltd. (1987) LawGlobal-Hub Lead Judgment Report ESO, J.S.C.  On 31st March, 1987, when this matter came before this Court, we took arguments from learned counsel and allowed the appeal. I reserved my reasons for the action we took. I now give my reasons for allowing the…

Chief Patrick A. Abusomwan V. Mercantile Bank Of Nigeria Ltd (1987) LawGlobal-Hub Lead Judgment Report KARIBI-WHYTE, J.S.C  This appeal is by Plaintiff against the judgment of the Court of Appeal Division, Benin City. On the 21st January, 1986, the Court of Appeal in a unanimous judgment set aside the judgment of the High Court, Benin…