Alhaji Kazeem Owonikoko V. The State (1989) LawGlobal-Hub Lead Judgment Report AKANBI, J.C.A.  Applicant in this case is standing trial in the High Court for (a) wilful and unlawful damage of property contrary to section 451 of the Criminal Code and (b) forceful entry contrary to section 81 of the same Code. The prosecution led…

Commissioner of Police, Ondo State & Anor V. Festus Ade Obolo (1989) LawGlobal-Hub Lead Judgment Report SALAMI, J.C.A.  This suit was commenced in the court below under the provisions of the Fundamental Rights (Enforcement Procedure) Rules, 1979 made in pursuant to Section 42 of the Constitution of the Federal Republic of Nigeria, 1979. The applicant…

Israel Olu Olaniyonu V. Professor Awa Chairman, National Electoral Commission. & Ors. (1989) LawGlobal-Hub Lead Judgment Report AKANBI, J.C.A. In this case, an election petition was on 6th January, 1988 lodged in the Registry of the High Court Abeokuta, Ogun State of Nigeria. The petitioner by his petition sought a declaration that he and not…

National Insurance Corporation of Nigeria V. Power & Industrial Engineering Company Limited (1989) LawGlobal-Hub Lead Judgment Report AKPATA, J.C.A. The main issue, which is intriguing, raised by this appeal is whether a person interested in a judgment by a Court may apply by originating summons to another Court of coordinate jurisdiction to resolve any question…

Chief P. D. Inoma-biriya & Ors. V. Chief C.A.B. Omoni & Anor (1989) LawGlobal-Hub Lead Judgment Report KOLAWOLE, J.C.A.  The appellants who were the plaintiffs at the Rivers State High Court in the Degema Judicial Division instituted this action against the defendants, the respondents in this appeal on November 12th,1985. They claimed jointly and severally…

Christopher Chukwu V. Raphael Onyia (1989) LawGlobal-Hub Lead Judgment Report UWAIFO, J.C.A. On 27th March, 1987 at the Onitsha High Court, Olike, J., gave judgment for the plaintiff/respondent for the sum of N14,592.00 with costs of N250.00. The said amount was the value of 304 cartons of Unipetrol motor oil which the defendants negligently lost…

Kamoru Aiye Tijani V. Samisideen Akinwunmi (1989) LawGlobal-Hub Lead Judgment Report AKPATA, J.C.A. This appeal relates to land matter. One of the legal issues raised however is whether a ground of appeal in respect of an interlocutory ruling against which there was no separate appeal can be argued without leave of court along with other…

Christopher C. Obiaso & Ors V. Isaac C. O. Okoye & Anor (1989) LawGlobal-Hub-Hub Lead Judgment Report UWAIFO, J .C.A. This action was filed at the Onitsha High Court on 19th march, 1976. The statement of claim was filed on 19th July, 1976 and the statement of defence on 29th November, 1976. On 25th January,1977,…

Union Bank of Nigeria Limited V. Ifeatu Augustine Nwoye (1989) LawGlobal-Hub Lead Judgment Report SALAMI, J.C.A. The respondent, as plaintiff in the court below, took out a writ of summons which was endorsed as follows against the appellant: “1. The plaintiff who is a trader, residing at No.12, Niger Bridge Road, Asaba maintains a current…

National Electoral Commission & Ors. V. Sunday Ogonda Wodi (1989) LawGlobal-Hub Lead Judgment Report OWOLABI KOLAWOLE, J.C.A.  This appeal came up for hearing on Wednesday, February 15, 1989. Mr. T. A. Koroye, State Counsel, who appeared for the 1st, 2nd and 3rd appellants sought to tender Rivers State of Nigeria Official Gazette No. 17 Volume…