Samuel Ajao Vs M. O. Ikolaba (1972) LawGlobal-Hub Lead Judgment Report ADEMOLA, CJN. (Preparing the Judgment) SOWEMIMO, AG. JSC. (Delivering the Judgment by the Court): This is an appeal from the judgment of the Western State Court of Appeal. The case originated from the Ogbomosho Grade C1 Customary Court, and the plaintiff’s claim in that…

Chief L.a. Odunsi & Ors. V.francis E. Pereira & Anor. (1972) LawGlobal-Hub Lead Judgment Report Parties AND UDO UDOMA, J.S.C.  This is an appeal against the judgment of the late Omololu, J., delivered on 21st January, 1967, in suit No. LD/599/65 in the High Court of Lagos wherein the plaintiffs, herein respondents, were granted a…

Construzioni Generali Farsura Cogefar-S. P. A. v. Nigerian Ports Authority & Anor (1972) LawGlobal-Hub Lead Judgment Report G. B. A. COKER, J.S.C.  This ruling concerns an application by Messrs. Construzioni Generali 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…

James Uluba and Co v. Chief E.E Sillo and Co. (1972) LawGlobal-Hub Lead Judgment Report T. O. ELIAS, C.J.N.  This is an appeal from the judgment of Obaseki, J., in the High Court, Warri, Mid-Western State, in which the plaintiffs for themselves and on behalf of Omadinor people claimed as per their Writ of Summons…

Yusufu Idowu Vs The State (1972) LawGlobal-Hub Lead Judgment Report ELIAS, CJN  The accused was charged with having, on or about July 5, 1962, at Igbagun, Yagba District in Kwara State, committed culpable homicide punishable with death by causing the death of Joseph Jimoh contrary to Section 221 of the Penal Code.  The facts of…

Nababa Tubale V. The State (1972) LawGlobal-Hub Lead Judgment Report A. FATAYI-WILLIAMS, J.S.C.  When we dismissed this appeal at the hearing on 29th May, 1972, we indicated that we would give our reasons for doing so later. We now give those reasons. On the 10th of January, 1972, Nababa Tubale was convicted of culpable homicide…

Total Nigeria Ltd Vs Electrical And Mechanical Company Limited (1972) LawGlobal-Hub Lead Judgment Report ELIAS, CJN.  This is an appeal against the judgment of Bello, J., at the High Court, Kaduna, on March 30, 1971, in which he refused to set aside the sale of the property, 7 Sokoto Road, Kaduna, which belongs to the…

Sabo Kumbul V. The State (1972) LawGlobal-Hub Lead Judgment Report O. ELIAS, C.J.N.  On 13th October, 1971, at the Bauchi Judicial Division, the accused was charged with culpable homicide punishable with death in that on or about 21st March, 1971, at Bauchi, he set Macindo on fire with knowledge that death would be the probable…

Linus Ntibunka & Anor Vs The State (1972) LawGlobal-Hub Lead Judgment Report SIR I. LEWIS, J.S.C.  On the 31st of August, 1971, Balonwu, J., in the Owerri High Court convicted Linus Ntibunka and Cyprian Ejianu of the murder of Okwerenkedia U. Agwu in Charge No. HOW/8C/71, and on the 6th of January, 1972, we dismissed the…

Seismograph Service Ltd v. Benedict E. Onokpasa (1972) LawGlobal-Hub Lead Judgment Report G. S. SOWEMIMO, J.S.C. In Suit S/29/68 the plaintiff/respondent sued the defendant/appellant at the High Court of Sapele in the Mid-Western State for special and general damages to the Trinity College buildings at Okwidiemo of which the respondent was the proprietor. The endorsement…