Felix O. Osawaru V. Simeon O. Ezeiruka (1978) LawGlobal-Hub Lead Judgment Report ANIAGOLU, J.S.C. The appellant before us was the defendant in an action instituted by the respondent in the then High Court of Midwestern State of Nigeria in the Warri Judicial Division in Suit W/169/73 in which the claim was 1.for possession of premises…

Chief Nyong Etim & Ors V. Chief Ben E.A. Oyo & Ors (1978) LawGlobal-Hub Lead Judgment Report A. G. IRIKEFE, JSC  In this action, instituted at Calabar, in the Calabar Judicial Division of the High Court of the then South Eastern State, the plaintiffs (now respondents), claimed against the defendants (now appellants) as follows:-  …

Andrew O. Ajufo V. Christopher Ajarbor & Ors (1978) LawGlobal-Hub Lead Judgment Report IRIKEFE, JSC.  On 11th April, 1970, a Mercedez-Benz lorry No. WB 4760 in which the respondent herein was a fare-paying passenger, careered off the highway near Ubulu-Uku Town in Bendel State, into a ditch and landed on its side. The respondent got…

Abel Omoshola V. Commissioner Of Police (1977) LawGlobal-Hub Lead Judgment Report SIR UDO UDOMA, J.S.C.  The appellant, with two others who have not appealed, was tried and convicted by a Magistrate in Lagos State on two counts of having committed offences contrary to Sections 3 and 9 respectively of the Firearms Act, Cap. 69 of…

Okoro Mariagbe v. The State (1977) LawGlobal-Hub Lead Judgment Report G. IRIKEFE, J.S.C. The appellant in this case was charged with having murdered one KIHODU AJEBOR on 3rd March, 1974 at OWA-OYIBU village in the Agbor Judicial Division of the then Mid-Western State of Nigeria (now Bendel State). He was tried, convicted and sentenced to…

Okeke Anadi V Okeke Okoli (1977) LawGlobal-Hub Lead Judgment Report IDIGBE, JSC.  On Wednesday the 16th day of March, 1977 we struck out this appeal on the ground that it is incompetent and said we would give our reasons for doing so later. We now do so. We think we should begin by making it…

Mobil Oil (Nig) Ltd. Vs Federal Board Of Inland Revenue (1977) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C. Mobil Oil (Nigeria) Ltd., which will hereafter be referred to as the appellants, were assessed for and have paid tax and super tax for the year 1968/69 and 1969/70 inclusive. Later, by a letter dated 16th June, 1970,…

Diab Nasr V. Complete Home Enterprises(Nig.) Limited (1977) LawGlobal-Hub Lead Judgment Report A. G. IRIKEFE, J.S.C.  In suit M/126/73, the appellant before the Lagos High Court commenced winding-up proceedings against the respondents on an alleged liability arising under a bill of exchange. The said proceedings were brought under the Companies Decree (No. 51 of 1968)…

Olayinka Rodrigues & Ors V. The Public Trustee & Ors (1977) LawGlobal-Hub Lead Judgment Report SIR UDO UDOMA, J.S.C.  The only point raised and argued and for a decision in this appeal is one of practice and procedure. It is important. It concerns the exercise of discretion by a Judge of the High Court under…

Bustin Okpara (Alias Austin Okpara) V. The Federal Republic Of Nigeria LawGlobal-Hub Lead Judgment Report BELLO, J.S.C. The appellant was convicted in the Federal Revenue Court sitting at Lagos of two counts on a charge alleging that he had in his possession some counterfeit American bank notes knowing the same to be counterfeit contrary to…