O. Thompson Oke & Anor v. Robinson E.A Oke & Anor (1974) LawGlobal-Hub Lead Judgment Report ELIAS, C.J.N. This is an appeal from the judgment of Obaseki J. delivered in the Warri High Court on March 13, 1970 in which the plaintiffs’ claim was upheld. The amended claim, as endorsed on the writ of summons,…

Pius Amakor V. Benedict Obiefuna (1974) LawGlobal-Hub Lead Judgment Report FATAYI-WILIAMS, J.S.C. This is an appeal from the judgement of the Lagos High Court in Suit No. LD/788/1970 in which the claims of the plaintiff, now appellant, against the defendant, now respondent, for damages for trespass to land, and for an injunction restraining the defendant…

Olekamma Njionye & 53 Others Vs Benjamin Onuoha & Ors (1974) LawGlobal-Hub Lead Judgment Report SOWEMIMO, JSC.  This appeal is against the judgment of Egbuna J., sitting at the Owerri High Court of the East Central State on the 9th of July, 1965. The case originated from the Isuikwuato District Court Grade A. The plaintiffs…

Anastatius Uwakwe V. The State (1974) LawGlobal-Hub Lead Judgment Report S. SOWEMIMO, J.S.C. In this appeal the court quashed the sentence imposed by the lower court as being excessive and substituted one year for the three years’ . The appeal against the conviction on a charge of dangerous driving of a motor vehicle which caused…

Ologunde Atanda & Anor. v. Akanmi (1974) LawGlobal-Hub Lead Judgment Report SOWEMIMO, J.S.C.  In suit HOS/18/66, the respondent is the plaintiff and the appellants are the defendants. The case was first tried at the Oshogbo High Court and judgment was entered for the plaintiff. The defendants appealed to the Western State Court of Appeal and…

Akin Olugbade & Ors v. Onigbongbo Community & Ors (1974) LawGlobal-Hub Lead Judgment Report O. ELIAS, C.J.N.  The applicants, who are the executor and beneficiaries of the estate of the 10th Claimant, Claudius Adebowale Soderu (deceased) in Suit No. HK/11/59 at the Ikeja High Court, brought this motion on notice under section 22 of the…

Chief Tijani Jegede & Ors V. Oba Bakare Gbajumo & Ors (1974) LawGlobal-Hub Lead Judgment Report S. SOWEMIMO, J.S.C. This appeal has brought into focus two matters previously decided in earlier judgments of this court:- (1) the inappropriateness of joining a claim for possession along with claims for trespass and injunction. (2) That where conflicting…

J. D. Owumi V. Paterson Zochonis & Co (Nig.) Ltd. (1974) LawGlobal-Hub Lead Judgment Report ELIAS, CJN. In Suit No. LD/659/70 delivered by Lambo, J., in the High Court of Lagos State on May 24, 1971, the plaintiff’s claim was dismissed. The plaintiff’s claim against the defendants were for:- (i) a declaration that the deed…

Christopher N. Onubogu & Anor V. The State (1974) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C. At the Onitsha High Court on 22nd April, 1974, the appellants were jointly charged with and convicted of the offence of malicious damage to property contrary to section 451 of the Criminal Code of the East-Central State and sentenced to…

In Re: Olawale Onile – Ere Vs Oladapo Williams (1974) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, JSC.  In her amended Petition for the dissolution of her marriage to the respondent, the petitioner referred to one Olawale Onile-Ere in the title of her Petition as the “party cited”. Not one word was, however, said about the party…