Wulemotu Olagunro V. J.b. Ogunsanya & Anor (1970) LawGlobal-Hub Lead Judgment Report LEWIS, J.S.C.  In suit LD/504/65 in the Lagos High Court the plaintiff’s amended particulars of claim read:-”The plaintiff’s claim against the defendant are:(i) for a declaration for an order that the purported sale of a portion of the property known as 61 Princess…

Ayonuwe Akpamaku V. Igben & Ors (1970) LawGlobal-Hub Lead Judgment Report LEWIS, J.S.C. Declaration-Title to land-Guardian ad litem not a party to action-Merely representing defendant for purposes of suit-Where the person represented dies, then until his executor or administrator is substituted the action is in abeyance-Order 7 rule 13 of the High Court (Civil Procedure)…

Abiodun A. Odusote V. Olaitan O. Odusote (1970) LawGlobal-Hub Lead Judgment Report UDOMA, J.S.C. This is an appeal against the order the Western State Court of Appeal summarily dismissing an appeal no.CA W/68/69 a matrimonial cause. Only one short but important point of practice has arisen for consideration and decision in the appeal. The circumstances…

Vincent Isibor V. The State (1970) LawGlobal-Hub Lead Judgment Report LEWIS, J.S.C.  On the 21st of July, 1969, in the Lagos High Court in Charge No. LA/13C/69, Adefarasin, J. found the accused not guilty of manslaughter but guilty of dangerous driving contrary to section 18(1) of the Road Traffic Act and sentenced him to a…

Joseph A. Agbachom V. The State (1970) LawGlobal-Hub Lead Judgment Report LEWIS, J.S.C. In suit C/16/1969 in the High Court Calabar the accused was charged with contempt of court in the following terms-“In paragraph 5 of an affidavit in support of a motion filed by your solicitor on 9-6-69 in suit No. C/16/69 in which…

Josiah Orungua & Ors Vs The State (1970) LawGlobal-Hub Lead Judgment Report MADARIKAN, J. S.C. The four appellants in this appeal were the 2nd, 3rd, 5th and 6th accused persons respectively in the Lagos High Court where they were charged along with 3 other persons on an information which was amended at the trial to…

Mrs. C. A. Sobamowo V. The Federal Public Trustee (1970) LawGlobal-Hub Lead Judgment Report LEWIS, J.S.C.  The plaintiff’s particulars of claim in the Magistrate’s Court Yaba in suit 404/66 read. ‘The plaintiff is the trustee of the estate of C.T. Osinaike: deceased is the owner of the premises situate at No. 32, Little Road, Yaba.(1)…

Josiah Orungua & Ors V. The State (1970) LawGlobal-Hub Lead Judgment Report MADARIKAN, J. S.C.  The four appellants in this appeal were the 2nd, 3rd, 5th and 6th accused persons respectively in the Lagos High Court where they were charged along with 3 other persons on an information which was amended at the trial to…

Bank Of West Africa Ltd Vs Alhaji Lawal Balogun (1970) LawGlobal-Hub Lead Judgment Report COKER, J.S.C.  The appellants, the Bank of West Africa Ltd., now Standard Bank Nigeria Ltd., were the defendants in an action instituted in the High Court, Lagos, whereby the plaintiff, now respondent, claimed as follows:- “The plaintiff’s claim against the defendant…

Samuel Chike Onwuka V. The State (1970) LawGlobal-Hub Lead Judgment Report COKER, J.S.C.  The appellant was tried and convicted by Adefarasin, J. at the Lagos Assizes and sentenced to a total term of seven years I.H.L. The information on which he was charged contains two counts as follows:-“Statement of Offence: 1st CountFraudulent false accounting, contrary…