Christian Nwosu V. The State (1976) LawGlobal-Hub Lead Judgment Report D. A. R. ALEXANDER, C.J.N.  The appellant was charged on information with murder contrary to Section 319(1) of the Criminal Code, the particulars of the offence being that he murdered Monica Okeke on or about the 13th of April, 1971, at Obaoji Oba in the…

Mr. Z.O. Obolo V. Rev. J.D. Aluko & Ors.(1976) LawGlobal-Hub Lead Judgment Report D. A. R. ALEXANDER, C.J.N.  The issue in this appeal appears to us to be a simple one. The learned trial judge ruled as follows:- “In a civil case whilst the plaintiff cannot win his case without calling evidence, the defendant is…

Chief J.O. Iyase & Ors V. Ugiagbe Omoragbon (1976) LawGlobal-Hub Lead Judgment Report SOWEMIMO, JSC.  It is settled traditional custom that the ownership of land in Benin is vested in the Oba of Benin and that by virtue of this, he is the only authority who can approve of the allocation of building plots to individuals.…

Festus Sunmoila Yesufu V. African Continental Bank Ltd (1976) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C.  The plaintiffs, now respondents, are commercial bankers. In proceedings commenced by them in the High Court at Benin City, they claim from the defendant, now appellant, the sum of 376,320,10.10d(pounds) being debt due from and payable by the defendant to…

S.O. Esan V. The State (1976) LawGlobal-Hub Lead Judgment Report MADARIKAN, JSC.  The appellant stood trial in the High Court, Lagos (Charge No.LA/23C/74) on an Information containing the following five counts:- “Statement of Offence – 1st count Extortion by public official contrary to Section 99 of the Criminal Code.   Particulars of Offence Stephen Oyedokun…

Ogbeide Aikhionbare Ohen-eriaria Of Evboriara V. Uyiekpen Omoregie Enogie (1976) LawGlobal-Hub Lead Judgment Report SOWEMIMO, JSC The plaintiffs, who are the respondents in this appeal, sued the defendants, the appellants before the court, in Suit No. B/135/75 at the High Court of Bendel State (then known as the Midwestern State) and The Plaintiffs’ claims against…

Ngene Arum V. The State (1976) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, C.J.N  On 16th August 1976, the appellant was convicted at the Enugu High Court of the murder of one Aniagu Ugwu and sentenced to death. His appeal to the Federal Court of Appeal against the conviction was dismissed on the 24th day of April,…

Musiliu I. Bashua V. Dr. Oladipo Maja (1976) LawGlobal-Hub Lead Judgment Report SIR UDO UDOMA, JSC  This appeal is against the judgment of George, J., in the High Court of Lagos, Suit No. LD/565/72, wherein Dr. Oladipo Maja as plaintiff, herein respondent, claimed against Musiliu I. Bashua as defendant, herein appellant, the following:- “(1) Declaration…

Chief Igunbor Igbodim & Ors V. Chief Ugbede Obianke & Ors (1976) LawGlobal-Hub Lead Judgment Report OBASEKI, JSC. We allowed this appeal on the 7th day of June, 1976, and now give our reasons: The writ of summons by which the proceedings in this matter were commenced was issued out of the Benin Judicial Division…

Royal Exchange Assurance V. Bentworth Finance (Nig.) Ltd (1976) LawGlobal-Hub Lead Judgment Report SIR UDO UDOMA, JSC.  There is only one point of law which was raised and argued before us and which calls for decision in this appeal. The point is of considerable importance and appears to have been raised in this court for…