The Military Governor, Western State v. Chief Afolabi Laniba & Anor (1974) LawGlobal-Hub Lead Judgment Report A. G. IRIKEFE, J.S.C.  On 16th October, the Commissioner of Lands, Western Region of Nigeria, took out an originating summons at the High Court, Ibadan, against the first and second claimants in this matter for a determination of the…

Chief D. O. Ogugua Vs Armels Transport Ltd (1974) LawGlobal-Hub Lead Judgment Report O. IBEKWE, J.S.C. This appeal raises vital questions as to the liability of a bailee under the law. The main facts are not in dispute. The defendant is a limited liability company and carries on the business of common carriers and motor…

Kujore & Ors V. Otubanjo (1974) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C. The present appellant had been substituted for the plaintiff (now deceased) who had commenced these proceeding against the respondents as defendants in the Ijebu Ode Grade “A” Customary Court. Her claim was for declaration of title according to customary law to a piece…

Abel O. Woluchem v. Dr. charles Inkotariah Wokoma (1974) LawGlobal-Hub Lead Judgment Report D. IBEKWE, J.S.C.  This appeal is unusual in the sense that it is from a decision which is not what it purports to be a consent judgment. It is a rambling judgment, which does not seem to have decided anything. On the…

Yisawu Shosimbo V. The State (1974) LawGlobal-Hub Lead Judgment Report B. A. COKER, J.S.C. At the hearing of this appeal on the 3rd October, 1974, we allowed the appeal of the appellant, quashed his conviction for manslaughter and ordered his acquittal. We then stated that we would give our reasons later for taking this course…

B. C. Onyuike v. Eastern State Interim Assets and Liabilities Agency (1974) LawGlobal-Hub Lead Judgment Report T. O. ELIAS, C.J.N.  This is an appeal against the judgment of Douglas, J., delivered in the Port Harcourt High Court on March 9. 1973. The judgment is sequel to a motion filed by the defendant/respondent in this appeal…

Dominic Ugwu & Ors V. Egbuaba Igwe Ogbuzuru & Ors (1974) LawGlobal-Hub Lead Judgment Report SOWEMIMO, JSC. When an aggrieved party or his counsel argues an appeal before us, it is necessary that such argument should come within the confine of a rehearing as provided by Order 7 Rule 2 of the Rules of the…

Nigeria Ports Authority & Anor V. Construzioni General Farsura Cogegar Spa & Anor (1974) LawGlobal-Hub Lead Judgment Report COKER, JSC. This ruling concerns an application by Messrs. Construzioni Generals Farsura Cogefar – S.P.A. (1st defendant) for an order:- “directing that the terms upon which stay of execution was ordered by the court below should be…

Abudu Lasisi & Anor V. Oladapo Tubi & Anor (1974) LawGlobal-Hub Lead Judgment Report DAN IBEKWE, J.S.C.  This appeal arises out of the two suits, now consolidated, in which the 1st plaintiff claims from the 1st defendant possession of the piece or parcel of land situate at and known as No. 6 Modele compound via…

Chief Kehinde Onadehin (Gunsenemo) And Ors V. J. S. Sonuga And Anor (1974) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, JSC.  In the Ijebu Ode High Court, the plaintiffs, now respondents, claimed against the defendants, now appellants, jointly and severally, the sum of £1,250 (N2,500) as special and general damages suffered by the plaintiffs as a result…