Ndukwe Okafor & Ors V. Agwu Obiwo & Anor (1978) LawGlobal-Hub Lead Judgment Report IDIGBE, J.S.C.  Judgment was on the 30th day of March, 1965 given in the proceedings which started as HU/10/62, in favour of the plaintiffs (the respondents herein) against the defendants (the appellants herein) by the High Court of the former Eastern…

Madam Oni Amudipe V. Chief Ogunleye Arijodi (1978) LawGlobal-Hub Lead Judgment Report ALEXANDER, CJN. The plaintiff/appellant before this court originally filed an action in the Ondo Divisional Grade ‘A’ Customary Court, sitting at Akure, claiming against the defendant/respondent – “1. Declaration of title to a piece of land which forms part of and known as…

Masade Esene V. Cecilia Isikhuemen (1978) LawGlobal-Hub Lead Judgment Report IRIKEFE, J.S.C.  In this matter, the appellant Masade Esene having died before the hearing of this appeal, was substituted by his son, Andrew Masade. The claim before the Ubiaja Judicial Division of the High Court of Bendel State reads:- “(A) A declaration of title to…

Nigerian Maritime Services Ltd. V. Alhaji Bello Afolabi (1978) LawGlobal-Hub Lead Judgment Report IRIKEFE, J.S.C. In this matter, the appellants were the defendants in the court below, while the respondent was the plaintiff. In the High Court of the then North Central State holden at Kaduna, the plaintiff had sued the defendants claiming diverse sums…

United Bank For Africa Ltd & Ors V. Dike Nwora (1978) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C.  In proceedings commenced in the High Court of Lagos State, the plaintiff, now respondent, claimed from the defendants, now appellants, jointly and severally, the sum of 3.75 million naira (N3,750,000) being anticipated profits accruing from a contract to…

Ayodele James V. Mid-motors Nigeria Co. Ltd (1978) LawGlobal-Hub Lead Judgment Report ANIAGOLU, J.S.C. The plaintiff (hereinafter called “the appellant”) has appealed from the judgment of the High Court of the Benin Judicial Division holden at Benin dismissing his claim for 15,000 pounds for fraudulent misrepresentation, against the defendants (hereinafter referred to as “the respondents”),…

West African Shipping Agency (Nig.) Ltd & Anor V. Alhaji Musa Kalla (1978) LawGlobal-Hub Lead Judgment Report ESO, J.S.C.  On 17th March, 1975, in Suit No. LD/511/71, the Lagos High Court, presided over by Adebiyi J., gave judgment in favour of the plaintiff, Alhaji Musa Kalla, against the 1st defendants, the West African Shipping Agency…

Agbino Obioma & Ors V. Lawrence Emeye Olomu & Ors (1978) LawGlobal-Hub Lead Judgment Report G. S. SOWEMIMO, JSC. 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…

Shell-BP Petroleum Development Company Of Nig. Ltd V. His Highness Pere Cole & Ors (1978) LawGlobal-Hub Lead Judgment Report BELLO, J.S.C.  The respondents are members of Sagbama people who are the owners of the land over which the Sagbama creek flows and are also the owners and occupiers of the land on the banks of…

Samuel Fadiora & Anor V. Festus Gbadebo & Anor (1978) LawGlobal-Hub Lead Judgment Report C.IDIGBE, JSC 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 on subsequent proceedings…