Chief James Ntukidem & Ors. V. Chief Asuquo Oko & Ors. (1986) LawGlobal-Hub Lead Judgment Report KAZEEM, J.S.C. On the 13th of October, 1986, I allowed this appeal, set aside the decision of the Court of Appeal, Enugu and remitted the appeal to that Court for hearing on the merit. I then reserved my reasons…

A.P. Anyebe V. The State (1986) LawGlobal-Hub Lead Judgment Report RIKEFE, C.J.N. This appeal raises issues as to whether a State Attorney-General can prosecute a patently Federal Offence without express delegation from the Federal Attorney-General. Mr. Horn, the Honourable Attorney-General and Commissioner for Justice, Benue State, states that he is not now opposing the appeal…

Anachuna Anyaoke & Ors. V. Dr. Felix C. Adi & Ors. (1986) LawGlobal-Hub Lead Judgment Report BELLO, J.S.C. The unfortunate incident which gave rise to this case was the execution of Nasiru Bello, hereinafter referred to as the deceased, by the agents of the Oyo State Government in execution of the sentence of death passed…

D. O. Oghene & Sons Ltd. V. W. E. Amoruwa & Anor. (1986) LawGlobal-Hub Lead Judgment Report KAWU, J.S.C. The appellants, who were plaintiffs in the Senior Magistrate’s Court, Sapele, had sued the respondents claiming as follows:- “The plaintiff is entitled to possession of premises (comprising 2 store rooms) situate at No. 11/4 Market Road,…

The Military Governor Of Lagos State & Ors. V. Chief Emeka Odumegwu Ojukwu & Anor. (1986) LawGlobal-Hub Lead Judgment Report ESO, J.S.C.  Ordinarily any court has a discretion to grant or refuse stay of execution pending an appeal but this is a discretion that must have to be exercised both judicially and judiciously bearing in…

J. Elabanjo V. Alhaja A. O. Tijani (1986) LawGlobal-Hub Lead Judgment Report OPUTA, J.S.C. This is an appeal against the judgment of the Court of Appeal Lagos Division. In a lead judgment delivered by Uthman Mohammed, J.C.A. to which Nnaemeka-Agu and Kutigi, J.J.C.A. concurred, the Court of Appeal set aside the judgment of Oshodi, J.…

A. T. Bakare V. T. S. Apena (Deceased) & Ors. (1986) NNAMANI, J.S.C  On 28th April, 1986, I dismissed this appeal and indicated that I would give my reasons for that judgment today. I now give my reasons. In suit No. 10/168/75 the respondents herein, who were plaintiffs therein, claimed against the appellant, defendant therein…

Eloichin (Nigeria) Ltd & Ors V Victor Ngozi Mbadiwe (1986) LawGlobal-Hub Lead Judgment Report ANIAGOLU, J.S.C This appeal has come from the Court of Appeal, Lagos. The Respondents were the plaintiffs before the High Court of Lagos in a suit, filed on 12th April 1976, in which they joined to claim a sum of N250,…

Chief P. U. Ejowhomu V. Edok-eter Mandilas Limited (1986) LawGlobal-Hub Lead Judgment Report KARIBI-WHYTE, J.S.C. The main issue involved in this appeal concerns the question whether the Court of Appeal was entitled to consider and indeed determine the appeal on an issue not before it. The determination of this appeal rests entirely on the answer…

Western Steel Works Limited & Anor. V. Iron And Steel Workers Union Of Nigeria & Anor. (1986) LawGlobal-Hub Lead Judgment Report OBASEKI, J.S.C. The respondents in this appeal seek (1) order of dismissal of the appeal for want of prosecution or alternatively, (2) an order striking out the appeal for non-compliance with section 31 of…