Harrison Welli & Anor V Charles Okechukwu & Ors (1985) LawGlobal-Hub Lead Judgment Report G. KARIBI WHYTE, J.S.C.  This appeal was heard at Enugu on the 26th March, 1985. The appeal was on a majority decision of 3:2 struck out on the preliminary objection raised by Mr. R.A. Ogunwole, Counsel to the Respondents, that appellants…

Gabriel Ewharieme & Ors. V. The State (1985) LawGlobal-Hub Lead Judgment Report B. O. KAZEEM, J.S.C. In this appeal, the Appellants were all tried and convicted for Armed Robbery by Adio J under Sec.1(2)(a) of the Robbery and Firemarms (Special Provisions) Act No.47 of 1970 as amended by Act. No. 8 of 1974. They were…

Overseas Construction Company Nigeria Ltd. V. Creek Enterprises Nigeria Ltd. & Anor (1985) LawGlobal-Hub Lead Judgment Report C. A. OPUTA, J.S.C. The Plaintiff, now Appellant, originally sued one Defendant – Creek Enterprises (Nig.) Ltd. claiming special and general damages for trespass and an injunction. The writ of Summons dated 15/1/76 was filed on 16/1/76. On…

Adeyinka Albert Laoye V. The State (1985) LawGlobal-Hub Lead Judgment Report NNAMANI, J.S.C.  This is indeed a most tragic case. The deceased, Stephen Afere, appellant and 1st prosecution witness, Akintokunde Akindahunsi were all students of the University of Ife, IIe-Ife. They were also friends. On the 15th March, 1982 at about 6.30p.m. the appellant and…

Adeniyi Olowu & Ors. V. Olabowale Aremu Olowu & Anor. (1985) LawGlobal-Hub Lead Judgment Report COKER, J.S.C.  The parties to these proceedings now on appeal are the issues and beneficiaries of one Adeyinka Ayinde Olowu, whose parents were Yoruba indigenes from Ilesha. He lived apparently from childhood until his death in Benin City. He, like…

Ogbonna Nwede V. The State (1985) LawGlobal-Hub Lead Judgment Report O. KAZEEM, J.S.C.  The appellant was charged under section 319(1) of the Criminal Code Law, Cap 30 of the Laws of Eastern Nigeria 1963 with an offence of murdering one Obodo Nwojiji on or about 30th day of September, 1979. He was tried at the…

Salawu Ajide V. Kadiri Kelani (1985) LawGlobal-Hub Lead Judgment Report M. BELLO, J.S.C.  The present Respondent was the plaintiff in the High Court of Lagos State wherein he claimed jointly and severally against the present Appellant and one Karimu Ayinla as the 1st and 2nd defendants respectively for: “(i) a declaration that the Plaintiff and…

Joseph Okosun & Ors. V. Attorney-general, Bendel State (1985) LawGlobal-Hub Lead Judgment Report S. KAWU, J.S.C.  On the 11th day of January, 1982, the appellants and one Theophilus Nwachukwu (alias Cotonue), were arraigned before the High Court of Bendel State, sitting at Benin, on a three count charge. All the four accused persons were charged…

Azeez Akeredolu & Others V. Lasisi Akinremi (1985) LawGlobal-Hub Lead Judgment Report N. ANIAGOLU, J.S.C. A preliminary question dealing with the computation of the times and periods prescribed by Section 31 of the Supreme Court Act 1960, has arisen in this appeal which came from the Court of Appeal, Ibadan, on a judgment delivered by…

Nigerian Bottling Company Ltd. V. Constance Obi Ngonadi (1985) LawGlobal-Hub Lead Judgment Report A. OPUTA, J.S.C.  The essential facts of this case are in the main not in dispute. What seems to be in dispute is whether from those facts one could have drawn the inference of negligence as the trial court and the Court…