Messers Lewis & Peat (N.R.I.) Ltd V. A. E. Akhimien (1976) LawGlobal-Hub Lead Judgment Report OBASEKI, AG. JSC.  This appeal was allowed on the 17th May, 1976, for reasons which we now give. In the High Court of Bendel State holden at Ubiaja the appellants claimed from the respondent the sum of N1,637.31 as money…

Isa Mamman & 3 Ors V. The State (1976) LawGlobal-Hub Lead Judgment Report D. A. R. ALEXANDER, CJN. The four above-named appellants were tried in the High Court of the former North-Western State holden at Sokoto before Uthman Mohammed, Acting Judge, on a charge of culpable homicide punishable with death under Section 221(b) of the…

Godpower Nkeweke & Anor V. Nigerian Agip Oil Co. Ltd (1976) LawGlobal-Hub Lead Judgment Report IRIKEFE, JSC.  The appellants were the plaintiffs in a suit before the Port-Harcourt Judicial Division of the High Court of the Rivers State in which they claimed as follows: “The plaintiffs claim from the defendants the sum of £233,828 (two…

Olayinka Kusamotu V. Wemabod Estate Limited (1976) LawGlobal-Hub Lead Judgment Report IDIGBE, JSC.  The question in this appeal is whether the appellant is entitled to a longer period of notice of dismissal and consequently a larger sum of money in lieu thereof than he actually got from his employers, the respondents. By a judgment of…

Nwashiri Ofoha V. The State (1976) LawGlobal-Hub Lead Judgment Report O. OBASEKI, Ag. J.S.C. The appellant was tried on information for the murder of Ugadiya Ofoha contrary to Section 319(1) of the Criminal Code and convicted by Obi-Okoye, J., sitting at Okigwe in the High Court of the East Central State of Nigeria. Aggrieved by…

Paulinus Udedibia & Ors V. The State (1976) LawGlobal-Hub Lead Judgment Report C. O. MADARIKAN, J.S.C.   Five persons were charged in the High Court, Enugu (Charge No.E/13C/74) with the murder of one George Obiesie Obinwa. Twenty-two witnesses testified for the prosecution and all the accused persons, except the second accused, gave evidence at the trial.…

Aneji Irek V. The State (1976) LawGlobal-Hub Lead Judgment Report O. MADARIKAN, J.S.C.  We now give our reasons for dismissing this appeal on the 1st of April, 1976.The appellant was charged in the High Court, Calabar, with murder contrary to Section 319 of the Criminal Code; and the particulars of offencewere that on the 19th…

Ogbali Akpagbue & Ors. V. Nduoku Ogu & Ors. (1976) LawGlobal-Hub Lead Judgment Report C. O. MADARIKAN, J.S.C.  This appeal relates to two actions which were consolidated and tried together in the High Court, Ughelli.         The first action was suit No. UHC/8/71 in which the present Appellants were the Plaintiffs, and…

Chief O. Oronsaye V. Chief Alfred Osula & Anor (1976) LawGlobal-Hub Lead Judgment Report MADARIKAN, JSC. In Suit No. B/73/70 in the High Court, Benin, the plaintiff/appellant endorsed his writ as follows: – “The plaintiff’s claim against the defendants is as follows:- 1. For a declaration of title to the property situate, lying, being and…

Joseph O. Falobi V. Elizabeth O. Falobi (1976) LawGlobal-Hub Lead Judgment Report IDIGBE, JSC (Delivering the judgment of the Court): FATAYI-WILLIAMS, JSC: In an application filed in the High Court of the former Western State sitting in Ibadan, the plaintiff, now respondent, complained that the defendant, now appellant, had willfully neglected to provide reasonable maintenance…