Mrs. Esther A. Osho & Ors. V. Gabriel A. Phillips & Ors. (1972) LawGlobal-Hub Lead Judgment Report C. O. MADARIKAN, J.S.C.  In suit No. LD/451/67 in the Lagos High Court, the present respondents as plaintiffs took out a writ of summons against the appellants claiming: “(i) a declaration that they as children of Solomon Ajibola…

Joseph Saliba V. M. J. Lababedi & Ors. (1972) LawGlobal-Hub Lead Judgment Report G. B. A. COKER, J.S.C.  The point to be decided in this appeal is whether in the events that happened a referee chosen by the parties and appointed by the court should, at the instance of the appellant, be removed. The application…

O. Ogunde Vs Oseni Ojomu (1972) LawGlobal-Hub Lead Judgment Report UDO UDOMA, J.S.C. This is an appeal from the judgment of the High Court of Lagos in suit No. LD/105/67 wherein the claim of the plaintiff, herein respondent, against the defendant, now appellant, was for 500pounds damages for trespass committed on his land situate in…

A. Savage & Ors V. O. Uwechia & Ors (1972) LawGlobal-Hub Lead Judgment Report A. FATAYI -WILLIAMS, J.S.C  On the 24th day of August, 1954, the plaintiff, at Onitsha, gave a loan of 780(pounds) to one S.O. Rotibi who promised to repay the said loan within three months and gave the plaintiff a promissory note…

C.S.A. Woodworks Ltd V. G. Igbinedion (1972) LawGlobal-Hub Lead Judgment Report O. ELIAS, C.J.N.  The plaintiffs’ writ of summons in Suit No. 1/171/64 in the High Court, Ibadan, was endorsed as follows: “The plaintiffs’ claim against the defendant is for the sum of Nine Hundred and Ninety-Four Pounds Eight Shillings and Four Pence (994 pounds:8:4d)…

A. U. Amadi Vs Thomas Aplin & Co. Ltd (1972) LawGlobal-Hub Lead Judgment Report UDOMA, J.S.C. This appeal raises two points of considerable importance one of practice and procedure and the other of the construction of a written contract. The appeal is brought by the plaintiff in suit No. P/99/63 and defendant in suit No.…

Alfred Asagba & Anor Vs Onowha Ogaje & Anor (1972) LawGlobal-Hub Lead Judgment Report SOWEMIMO, JSC  The title of this case in the High Court in respect of defendants requires some explanations. On reading the pleadings, as the learned trial Judge pointed out in his judgment, the two named defendants were sued in different capacities…

Alhaji G. Salimonu & Anor.v. The State (1972) LawGlobal-Hub Lead Judgment Report FATAYI-WILLIAMS, J.S.C. The appellants were charged and tried in the High Court of Lagos State by Odesanya, J., and a twelve -man jury for the murder of one Tajudeen Aremu at Olojowon Street, Badiya, Ijora, on or about the 15th day of December,…

James Fakorede & Ors V. Attorney-general Western State (1972) LawGlobal-Hub Lead Judgment Report UDO UDOMA, J.S.C.  This is an appeal against the judgment of the Western State Court of Appeal dismissing an appeal against the judgment of the High Court, Ibadan, (Ayoola, J.) and affirming the said judgment. The appeal arose out of Suit No.…

Gabriel Fashoyin Oyedele V. Sanni Ayinla & Ors. (1972) LawGlobal-Hub Lead Judgment Report T. O. ELIAS, C.J.N.  This is an appeal from the judgment of Taylor C.J. in appeal No. LD/71A/68 delivered in the Lagos High Court on 10th March, 1969, by which he confirmed the judgment of the Registrar of Titles dismissing the application…