Sikiru Ikuogbogun & Ors V. Chief Adeleke Rabiu G. B. (1989) LawGlobal-Hub Lead Judgment Report OMOLOLU-THOMAS, J.C.A.  The appellant in this case appealed against the decision of the Hon. Justice Oluborode of the High Court of Oyo State at Oyo in a Petition in which he was the 1st respondent in the Councillorship election held…

African Continental Bank Limited V. Alhaji Umoru Gwagwada (1989) LawGlobal-Hub Lead Judgment Report YEKINNI OLAYIWOLA ADIO, J.C.A.  The appellant’s claim against the respondent in the lower court was for the sum of N5,377,574.20 being money payable by the respondent to the appellant for money lent by the appellant to the respondent and for credit facilities…

Mrs. H. B. Adejumo V. David Hughes and Company Limited (1989) LawGlobal-Hub Lead Judgment Report AKPATA, J.C.A. The question of a Judge taking suo motu a legal point and basing his judgment on the legal point so taken without calling on counsel to address him on it crops up in this appeal. One of the…

Dopemu Taiwo Adeyeri & Ors V. Akinbode Okobi & Ors (1989) LawGlobal-Hub Lead Judgment Report OGWUEGBU, J.C.A.  The plaintiffs/appellants/applicants brought this application pursuant to S.213 of the Constitution of the Federal Republic of Nigeria, 1979, as amended praying for:- “(a) An order granting leave to the plaintiffs/applicants to appeal against the judgment of this Honourable…

Anthony Okokhue V. Joseph Obadan & Ors (1989) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.C.A. Following the local government elections held on 12/12/87,the 1st respondent was declared duly elected Councillor for Ward 3 in Agbazilo Local Government. The petitioner/appellant who was a candidate at the said election and who was dissatisfied with the result, filed two…

Edokpolo & Company Limited V. Sem-edo Wire Ind. Limited & Ors (1989) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.C.A. The appellant in this interlocutory appeal was plaintiff in suit No.FHC/W/4/79 still pending in the Federal High Court, Benin. The appellant company had sued the respondents as defendants claiming various declarations and an order for specific performance.…

S. A. Bamisile V. J. J. Adollo & Ors (1989) LawGlobal-Hub Lead Judgment Report AKPATA, J.C.A. The plaintiffs succeeded in their action in the High Court for a declaration of title to a parcel of land situate at Eleregun, Ikeja District of Lagos State. The defendant’s appeal was dismissed by this Court on Monday the…

Inyaki Abe & Ors V. Iorhemba Akaajime (1989) LawGlobal-Hub Lead Judgment Report ADIO, J.C.A. The claim of the respondent, who was the plaintiff in the Area Court, Nyamatsor, holden at Abwa, Benue State, was as follows: “The plaintiff claims his area of farmland from you defendant.” The evidence led in the trial Area Court by…

Retired Major J.a. Ogbole V. Private Clement Onah (1989) LawGlobal-Hub Lead Judgment Report MAIDAMA, J.C.A.  This appeal arose from an action filed by the present appellant, in the Upper Area Court at Otukpo, where his claim was for the return of the disputed child -Echeja and the sum of Two Thousand Naira (N2,000.00) as damages…

Col. Halilu Akilu & Anor V. Chief Gani Fawehinmi (1989) LawGlobal-Hub Lead Judgment Report OGUNDERE, J.C.A. For a proper understanding of this appeal, it is necessary to give a synopsis of events before the ruling of Agoro, J., at the Lagos High Court dated 8th April, 1988, now appealed. Chief Fawehinmi, the applicant, by a…