LawGlobal Hub

Deacon J.k. Oshatoba & Anor V. Chief Johnson Olujitan & Anor (2000) LLJR-SC

Deacon J.k. Oshatoba & Anor V. Chief Johnson Olujitan & Anor (2000) LAWGLOBAL HUB Lead Judgment Report IGUH, J.S.C. This is an appeal against the judgment of the Court of Appeal, Kaduna Division which had on the 20th day of April. 1992 allowed the appeal of the plaintiffs from the decision of the appellate division […]

Ifeanyi Chukwu (Osondu) Co. Ltd. Vs Soleh Boneh (Nig.) Ltd (2000) LLJR-SC

Ifeanyi Chukwu (Osondu) Co. Ltd. Vs Soleh Boneh (Nig.) Ltd (2000) LAWGLOBAL HUB Lead Judgment Report OGUNDARE, J.S.C. The main question arising for determination in this appeal is a question of law framed by the parties, as follows: “Whether the Court of Appeal was right in holding that failure (by the appellant) to join the […]

Khalil & Dibbo Transport Ltd Vs S.t. Odumade & Ors (2000) LLJR-SC

Khalil & Dibbo Transport Ltd Vs S.t. Odumade & Ors (2000) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. In this suit filed in the High Court of Lagos State on 26 December, 1985 the plaintiff, now respondent, sought three reliefs, namely: “1. A declaration that the plaintiffis entitled to a certificate of occupancy in respect […]

Musa Nagogo Ibrahim Vs Mohammed Sarki Aliyu (2000) LLJR-SC

Musa Nagogo Ibrahim Vs Mohammed Sarki Aliyu (2000) LAWGLOBAL HUB Lead Judgment Report U.A. KALGO, J.S.C.  This is a chieftaincy dispute in respect of the stool of the Oriye Rindre of Wamba in the Wamba Local Government Area of Nassarawa State. In February 1991, when the action was filed in the Plateau State High Court, […]

Wema Bank (Nig) Ltd & Ors Vs S.U. Odulaja & Ors (2000) LLJR-SC

Wema Bank (Nig) Ltd & Ors Vs S.U. Odulaja & Ors (2000) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C.  This is an appeal from the decision of Lagos Division of the Court of Appeal. The material facts about this appeal may be stated briefly as follows: The 1st appellant granted a loan to the 2nd […]

Niyi Akinmoju Vs The State (2000) LLJR-SC

Niyi Akinmoju Vs The State (2000) LAWGLOBAL HUB Lead Judgment Report UWAIFO, J.S.C. On 13 January, 2000, I dismissed this appeal as being without merit and said I would give my reasons for doing so on 7 April, 2000. The facts of the case were considered by me really straightforward and there was no serious […]

David Inneh V. Iguma Aruegbo (1952) LJR-WACA

David Inneh V. Iguma Aruegbo (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Tort—Malicious prosecution—Defendant making a charge groundless to his knowledge Facts The plaintiff’s husband and the defendant, a close relative of his, lived in one town; she, for a long time, lived in another town, far away, having abandoned her […]

I. M. Idosu V. Abudu Y. Ojikutu (1952) LJR-WACA

I. M. Idosu V. Abudu Y. Ojikutu (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Execution—Procedure—Separate judgment debts—Separate applications for garnishment—Application by person claiming interest in amount to be garnished—Magistrates’ Courts (Civil Procedure) Ordinance, section 67—Sheriffs, etc., Ordinance (Cap. 205), section 87. Facts The plaintiff obtained three judgments against the defendant in […]

C. S. Hellel V. Assistant Commissioner Of Income Tax (1952) LJR-WACA

C. S. Hellel V. Assistant Commissioner Of Income Tax (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Income Tax Ordinance—Section 65: Offence offailure to pay tax—Section IQ: Effect of acquittal—Who may prosecute—Criminal Procedure Ordinance, section 59. Facts Sections 65 and 76 of the Income Tax Ordinance read as follows:—“65. (1) Subject to […]

Abot Gyang & Anor V. The Queen (1954) LJR-WACA

LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder by one of two thieves—Murder probable.Evidence Ordinance, section 177 (2)—Evidence of accused incriminating co-accused—One counsel for both undesirable. Section 177 (2) of the Evidence Ordinance provides that:—“Where accused persons are tried jointly and any of them gives evidence on his own behalf which […]