Alhaji Adebiyi Layinka V. Adeola Makinde (2002) LLJR-SC
Alhaji Adebiyi Layinka V. Adeola Makinde (2002) LAWGLOBAL HUB Lead Judgment Report S. M. A. BELGORE, J.S.C. This appeal is in respect of the decision of Court of Appeal, Ibadan Branch. The action which led to the appeal in that court, on a cursory look, appears to have started in the High Court. But that […]
Bank Of Baroda Vs Iyalabani Company Limited (2002) LLJR-SC
Bank Of Baroda Vs Iyalabani Company Limited (2002) LAWGLOBAL HUB Lead Judgment Report O. EJIWUNMI, J.S.C. This appeal is against the majority decision of the court below (Coram, Onalaja & Acholonu, JJCA, with Ayoola, JCA dissenting). This action was commenced by the plaintiff in the High Court of Lagos State, when a writ was issued […]
Kwasi Tutu V. Kwame Dapaa (1952) LJR-WACA
Kwasi Tutu V. Kwame Dapaa (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—When pleadings may be ordered—Recording of reasonsfor order—Order 25, rule 1 and rule 2.Jurisdiction—Deed of sale of land attacked as a forgery—Claim to ownership of land besides. Facts The above-cited rules read as follows:—“1. Suits shall ordinarily […]
Nana Boakye Tromu II V. Odekro Kwasi Gyami (1953) LJR-WACA
Nana Boakye Tromu II V. Odekro Kwasi Gyami (1953) LawGlobal Hub Judgment Report – West African Court of Appeal The Boundary, Land, Tribute and Fishery Disputes (Executive Decisions Validation) Ordinance (Cap. 120), section 3 (1)—Interpretation. Facts The above sub-section provides that:—“Any executive decision in a dispute . . . relating to the ownership or boundaries […]
Kai Tongi V. Sulaiman Kalil (1953) LJR-WACA
Kai Tongi V. Sulaiman Kalil (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Real property—Land allocated to member of tribe—Member’s right to occupy. Tort—Trespass—Occupier’s right to sue.Practice arid Procedure—Non-suiting plaintiff. Facts Appellant (plaintiff below) sued respondent (defendant below) for trespass and recovery of possession; the respondent pleaded that appellant was not the […]
Enterprise J. Tonazzi V. Bruno Brunetti (1953) LJR-WACA
Enterprise J. Tonazzi V. Bruno Brunetti (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Appeals in Civil Cases—Findings of fact—Inadequate consideration of the evidence.Contract—Master and Servant—Summary dismissal for neglect and insubordination. Facts The plaintiff, a carpenter, obtained judgment for damages for wrongful dismissal. The trial Judge found that the real dispute was […]
S. M. Timitimi & Ors V. Chief Amabebe & Anor (1953) LJR-WACA
S. M. Timitimi & Ors V. Chief Amabebe (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Distinction between competency and irregularity or error of law or fact—Inferior Courts.Native Courts—Court unlawfully constituted.Evidence—Judgment delivered by Court without jurisdiction admitted but not affecting decision of case—Ordinance, section 52; section 225 (1). Facts Section 52 provides […]
Amadu Wooroh Timbo V. Kofie Jalloh (1953) LJR-WACA
Amadu Wooroh Timbo V. Kofie Jalloh (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Wills—Devise of house to some sons “to be used is family property”— Construction. Facts The will read thus: “To my natural sons Alimany Janneh and Mormodu Janneh my house and premises at Jenkins Street in which I at […]
Thamu Of Guyuk V. The Queen (1953) LJR-WACA
Thamu Of Guyuk V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Insanity—Criminal Code, section 28—Accused suffering from delusions—Accused knowing he was doing wrong. Facts Section 28 of the Criminal Code provides that:— “A person is not criminally responsible for an act or omission if at the time of […]
Uchenna Nwachukwu V. The State (2002) LLJR-SC
Uchenna Nwachukwu V. The State LAWGLOBAL HUB Lead Judgment Report A. I. IGUH, J.S.C. The appellant, Uchenna Nwachukwu, along with two others, to wit, Christopher Ndulaka and Chibuzor Nwachukwu, was arraigned before the High Court of Justice, Imo State, holden at Owerri, charged with the offence of murder contrary to section 319(1) of the Criminal […]