Dr. Osadiaye Osamwonyi. V. Itohan Osariere Osamwonyi (1972) LawGlobal-Hub Lead Judgment Report A. FATAYI-WILLIAMS, J.S.C.  On 21st June, 1967, the petitioner, a surgeon, went through a form or ceremony of marriage with the respondent at the Marriage Registry at Lagos. After the said ceremony, the parties lived and cohabited together at the petitioner’s flat on…

Mamman Bande Vs The State (1972) LawGlobal-Hub Lead Judgment Report T. O. ELIAS, CJN.  The accused was at the High Court of the North-Western State held at Sokoto on October 15, 1971, convicted of the culpable homicide punishable with death of one Hassan Makera on or about November 15, 1970, contrary to Section 221(b) of…

Alhaji Chief Abdul Mojid Agbaje V. Ibru Sea Food Limited (1972) LawGlobal-Hub Lead Judgment Report A. ADEMOLA, C.J.N. Prepared the Leading Judgment and Delivered by I. Lewis, J.S.C. The appellant in this matter has appealed against the dismissal by the Western State Court of Appeal of his appeal from the decision of the High Court…

John Edebru Vs The State (1972) LawGlobal-Hub Lead Judgment Report FATAYI-WIILIAMS, JSC.  On the 19th day of July, 1971, Wickliffe, J., in the Ilesha High Court, convicted John Edebru of the murder of Baby Eboh in Charge No. HIL/6C/71, and sentenced him to death. His appeal to the Western State Court of Appeal was dismissed…

Mamman Bande v. The State (1972) LawGlobal-Hub Lead Judgment Report T. O. ELIAS, C.J.N.  The accused was at the High Court of the North-Western State held at Sokoto on 15th October, 1971, convicted of the culpable homicide punishable with death of one Hassan Makera on or about 15th November, 1970, contrary to Section 221(b) of…

Elecktrotechnische Fabrik Schmidt and Co. v. Bateria Slany Narodni Podnic (1972) LawGlobal-Hub Lead Judgment Report G.B. A. COKER, J.S.C. This appeal is sequel to an application by the appellants, Elektrotechnische Fabrik Schmidt & Co. otherwise Daimon-Werke GMBA to the High Court, Lagos, for “an order that trade mark No. 9636 be expunged from the register…

Razaq A. Balogun V. African Continental Bank Ltd & Ors (1972) LawGlobal-Hub Lead Judgment Report SIR I. LEWIS, J.S.C.  In Suit No.LD/190/68, the plaintiffs’ Statement of Claim read:- “The Plaintiffs are Bankers incorporated as a Limited Liability Company under the Companies Act with their registered Head Office at 148, Broad Street, Lagos and registered Branch…

Standard Bank Nigeria Ltd. v. Chief Festus M. Ikomi (1972) LawGlobal-Hub Lead Judgment Report O. MADARIKAN, J.S.C. The appellants before us were the plaintiffs in an action instituted in the High Court Warri (Suit No. W/29/65) and in which their writ was endorsed as follows: “The plaintiffs’ claim against the defendant is for the specific…

Emmanuel Onwuka Umenweluaku V. Anekwe Ezeana & Ors (1972) LawGlobal-Hub Lead Judgment Report G. S. SOWEMIMO, J.S.C. In suit 112/57, which was tried at the Native Court of MBAMISI, the plaintiff, who is the appellant before us claimed as against the defendants, who are the respondents, the following: “1.    Declaration of title to a portion or…

Jammal Engineering Co.ltd Vs Misr (Nig.) Ltd (1972) LawGlobal-Hub Lead Judgment Report O. ELIAS, C.J.N. The plaintiff claimed against the defendant the sum of 670 pound:3:6d. (Six Hundred and Seventy Pounds, Three Shillings and Six Pence) as due to the plaintiff and payable by the defendant and as balance of the price of goods sold…