Samuel Fadiora & Anor. (In Re Samuel) V. Festus Gbadebo & Anor (1978) LawGlobal-Hub Lead Judgment Report IDIGBE, J.S.C.  The principal question raised in this appeal and which calls for the decision of this court is what exactly is the meaning and effect of an order (by an appellate court) for a trial de novo…

Alhaji Raji Oduola & Ors V. Mrs. B. Ashcroft & Anor (1978) LawGlobal-Hub Lead Judgment Report S. SOWEMIMO, J.S.C.  This is an appeal against the judgment of the Western State Court of Appeal in appeal No. CAW/97/72 judgment having been delivered on the 15th of November 1974. The case came before the Western State Court…

Ben Ikpang & Ors. V. Chief Sam Edoho & Anor (1978) LawGlobal-Hub Lead Judgment Report ANIAGOLU, J.S.C.  The appeal in this case is brought against the judgment of Kooffrey, J., (as he then was), in a writ filed in November, 1972, by the plaintiffs as representing the family of Edoho in Afaha Eket against the…

Chief Mark Young Jack & Ors V.deliver Igonikon Harry (1978) LawGlobal-Hub Lead Judgment Report S. SOWEMIMO, J.S.C.  In Suit PHC/60/72 in the Rivers State High Court sitting at Port Harcourt, the plaintiffs, who are appellants before us, filed the following claim:- “1. A declaration of title to a piece or parcel of land of an…

Hirat Aderisola Balogun V National Bank Nig Ltd (1978) LawGlobal-Hub Lead Judgment Report IDIGBE, J.S.C. The question in this appeal is whether the Appellant is entitled to substantial damages for the dishonour of her cheque by the Respondents without any allegation, in her pleadings, of special or actual damage flowing from such dishonour of the…

Jack Afiuwa Ekpoke & Anor V. Douglas Usilo & Ors. (1978) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C The appellants were plaintiffs and the respondents defendants in the High Court of Justice, Midwestern State of Nigeria (now Bendel State) in Suit S/26/70 filed at Sapele wherein the plaintiffs claimed according to the endorsement on the Writ…

Agbino Obioma & Ors. V. Lawrence Emeye Olomu & Ors. (1978) LawGlobal-Hub Lead Judgment Report S. SOWEMIMO, J.S.C. The judgment on appeal before us is in respect of two consolidated Suits W/95/72 and W/110/72. In the first suit, the plaintiffs, who are members of Ebite family claimed a declaration of title to a piece of…

Abdul Hamid Ojo V. Primate E. O. Adejobi & Ors (1978) LawGlobal-Hub Lead Judgment Report N. ANIAGOLU, J.S.C. In the High Court of Lagos the plaintiff/appellant instituted an action against the defendants claiming: “1. 200 pounds damages for trespass to all that piece or parcel of land situate lying and being at Mc Ewen Street,…

Barclays Bank Of Nigeria Ltd. V. Alhaji Adam Badejoko Ashiru & Ors. (1978) LawGlobal-Hub Lead Judgment Report IDIGBE, J.S.C  In the High Court of the Western (now Ogun) State, holden at Ijebu-Ode, the plaintiff/respondent brought an action against the defendants/appellants (Barclays Bank of (Nigeria) Ltd.), and the second and third defendants/respondents for the following claims:-…

Dr. A. A. Nwafor Orizu V. Francis E.A. Anyaegbunam (1978) LawGlobal-Hub Lead Judgment Report IDIGBE, J.S.C. In the High Court of the Onitsha Judicial Division in the former East Central State (now Anambra State), the plaintiff (the respondent herein) claimed from the defendant (the appellant herein):- “(a) a declaration of title to the piece or…