I. A .O. Adebajo v. Tennessee Nigeria Inc. (1974) LawGlobal-Hub Lead Judgment Report T. O. ELIAS, C.J.N. This is an appeal from the judgment of Kassim, J., in Suit No. LD/529/66 delivered in the High Court of Lagos State on August 21, 1967, in which he non suited the plaintiff in respect of his claim…

Armel’s Transport Ltd v. Transco (Nig) Ltd (1974) LawGlobal-Hub Lead Judgment Report A. G. IRIKEFE, J.S.C.  When this appeal came before us on 7th October, 1974, after hearing counsel for the parties, we made the following orders: (i) That the award of 500 (Five hundred pounds) general damages be refused: (ii) That 3,940 (Three thousand…

Casimir Odive V. Nweke Obor & Anor (1974) LawGlobal-Hub Lead Judgment Report ELIAS, CJN.  This is an appeal against the ruling of Agbakoba, J., in Suit No. 0/5/1972 given in the Onitsha High Court on June 6,1973, and in which the learned trial Judge upheld a preliminary objection raised by the counsel for the defendants…

Taiwo Bucnor Smart V. The State (1974) LawGlobal-Hub Lead Judgment Report G. B. A. COKER, JSC  The appellant was charged before, and tried by, the Lagos Assizes (Lagos State) on an Information charging him with:- (i) stealing a sum of £5,000 (or N10,000) which was entrusted to him by one Titus Essien to transfer to…

S. B. Fashanu V. M.a. Adekoya (1974) LawGlobal-Hub Lead Judgment Report COKER, JSC.  The principal issues in this appeal are issues of fact. The plaintiff, now appellant, sued the respondent, as defendant, on a writ endorsed for 100 pounds damages for trespass committed by the defendant on the plaintiff’s land at Ajoke Dosumu Street, Surulere,…

Obidinaka Ejeanalonye & Ors. V. Ikpendu Omabuike & Ors. (1974) LawGlobal-Hub Lead Judgment Report ELIAS, C.J.N.  In suit No. 0/168/1971 Agbakoba J. on May 8, 1973 gave judgment in the Onitsha High Court in favour of the plaintiffs against the defendants ordering the latter to pay nominal damages for trespass in respect of the plaintiffs’…

Gertrude Atte V. Commissioner Of Police (1974) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C.  In the Magistrate’s Court at Calabar, the appellant, a housewife and a teacher, was convicted of the offence of unlawfully assaulting one Stella Mbukpa, another housewife by spitting on her face. According to section 351 of the Criminal Code of the South-Eastern…

M. N. Uttah V. Independence Brewery Limited (1974) LawGlobal-Hub Lead Judgment Report ELIAS, CJN.  In this appeal from the judgment of Aniagolu, J., delivered on August 7, 1972 at the Umuahia High Court, the plaintiff/respondent Company was awarded the amount of £3,497:6:10d. as per its Writ of Summons in respect of the balance of a…

Utilgas Nigerian And Overseas Gas Co. Ltd.v. Pan African Bank Ltd (1974) LawGlobal-Hub Lead Judgment Report COKER, J.S.C. The present applicants, utilgas Nigerian & Overseas Gas. Co. Lt., have applied to his Court for an order to stay the execution of an order of the High Court of Lagos contained in the judgment of that…

His Highness Uyo V. Nigerian National Press Ltd & Ors (1974) LawGlobal-Hub Lead Judgment Report COKER, JSC. In this matter there is an appeal by the defendant against whom the judgment of the court went as well as an appeal by the plaintiff who won the case and who complains before us that the amount…