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Judgements Categories: Court of Appeal

3PLR – GEORGE WIMPEY AND CO. LTD V. SOHN AND ANOTHER

GEORGE WIMPEY AND CO. LTD V. SOHN AND ANOTHER   COURT OF APPEAL 1960 G. NO. 2094 1965 NOV. 15, 16, 17, 18, 19 DEC. 4 3PLR/1965/33  (SC)   BEFORE THEIR LORDSHIPS: HARMAN DIPLOCK RUSSELL L.JJ.   MAIN ISSUES COMMERCIAL LAW REAL ESTATE Vendor and Purchaser – Defective title – Right to rescind contract – Contract for sale of hotel and garden – Title to garden to be established by statutory declaration as to 20 years’ undisputed possession – Vendor’s failure to prove – Whether purchaser obliged to accept alternative means of proving title.   Easement – Prescription – Adverse […]

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3PLR – ALHAJI MODU KIDAGUMA V. MALLAM GANA ABOJA

POLICY, PRACTICE AND PUBLISHING, LAW REPORTS  3PLR [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] ALHAJI MODU KIDAGUMA V. MALLAM GANA ABOJA IN THE COURT OF APPEAL OF NIGERIA ON FRIDAY, THE 25TH DAY OF MAY, 2012 CA/J/279/2000 3PLR/2012/9 (CA)   OTHER CITATIONS   BEFORE THEIR LORDSHIPS CLARA BATA OGUNBIYI, JCA JUMMAI HANNATU SANKEY, JCA PHILOMENA MBUA EKPE, JCA BETWEEN ALHAJI MODU KIDAGUMA – Appellants AND MALLAM GANA ABOJA – Respondents REPRESENTATION N. Mustapha Esq.- For Appellant AND Usman Tatama Esq. – For Respondent   […]

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3PLR – GBADEBO SHITTU OLOWOAKE V. YEKINNI SALAWU

GBADEBO SHITTU OLOWOAKE V. YEKINNI SALAWU   COURT OF APPEAL IBADAN DIVISION 18TH MAY 2000 CA/I/71/94 3PLR/2000/107  (CA) OTHER CITATIONS 11 NWLR (Pt. 677) pg. 127   BEFORE THEIR LORDSHIPS MORONKEJI OMOTAYO ONALAJA, JCA FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA   BETWEEN GBADEBO SHITTU OLOWOAKE AND YEKINNI SALAWU   REPRESENTATION Lanre Akinola – for the appellant Otunba Adetokunbo Adeleke Adedoyin – for respondent   MAIN ISSUES PRACTICE AND PROCEDURE – ACTION – Declaratory action or order – onus placed on a party that seeks same. PRACTICE AND PROCEDURE – DAMAGES – Award of damages by the lower court […]

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3PLR – ALHAJI ADO IBRAHIM & CO. LTD. & ANOR V. ELDESTEIN (NIG.) LIMITED

POLICY, PRACTICE AND PUBLISHING, LAW REPORTS  3PLR [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] ALHAJI ADO IBRAHIM & CO. LTD. & ANOR V. ELDESTEIN (NIG.) LIMITED COURT OF APPEAL (BENIN DIVISION) CA/B/172/98 MONDAY, 23RD APRIL, 2001 3PLR/2001/48 (CA)   OTHER CITATIONS 1 NWLR (Pt 747)50   BEFORE THEIR LORDSHIPS NIKI TOBI, J.C.A. (Presided) BABA ALKALI BA’ABA: J.C.A. (Read the Leading Judgment) SAKA ADEYEMI IBIYEYE, J.C.A. REPRESENTATION Fola Ajayi Esq. – for the appellants Esosa M. Eremwanarue Esq. (holding brief for Ken E. Mosia Esq.) […]

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3PLR – ALFA MURITALA AMOO V. WAHABI ADERIBIGBE

POLICY, PRACTICE AND PUBLISHING, LAW REPORTS  3PLR [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] ALFA MURITALA AMOO V. WAHABI ADERIBIGBE COURT OF APPEAL (IBADAN DIVISION) WEDNESDAY,8TH DECEMBER, 1993 CA/I/231/87 3PLR/1993/19  (CA)   OTHER CITATIONS [1994]2 N.W.L.R. PART 324 PG.92   BEFORE THEIR LORDSHIPS ALOMA MARIAM MUKHTAR; ISA AYO SALAMI; SYLVANUS ADIEWERE NSOFOR.   MAIN ISSUES APPEAL- Grounds of appeal- Ground alleging error in law- Failure to set out particulars of error- Whether renders ground incompetent. CONVEYANCING- Family property- Alienation of- Principles applicable. LAND LAW-Family […]

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3PLR – ALEWO ABOGEDO V. THE STATE

POLICY, PRACTICE AND PUBLISHING, LAW REPORTS  3PLR [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] ALEWO ABOGEDO V. THE STATE COURT OF APPEAL (ENUGU DIVISION) CA/E/177/92 MONDAY 8TH AUGUST 1994 3LR/1994/16 (CA) OTHER CITATIONS 1 NWLR PART 372 PG 473   BEFORE THEIR LORDSHIPS OKAY ACHIKE; AKINTOLA OLUFEMI EJIWUNMI, NIKI TOBI.   REPRESENTATION Mr. A. Anyameno SAN (with him F. Mbah) – for appellant C.C. Aneh, Asst. Chief Legal officer. Min of Justice, Enugu State – for respondent   MAIN ISSUES CRIMINAL LAW AND PROCEDURE […]

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3PLR – GALLIE V. LEE AND ANOTHER

GALLIE V. LEE AND ANOTHER   [1969] 1 All ER 1062 COURT OF APPEAL, CIVIL DIVISION 25 FEBRUARY 1969  3PLR/1969/47  (CA-E) BEFORE THEIR LORDSHIPS:     LORD DENNING MR, RUSSELL AND SALMON LJJ REPRESENTATION Sharpe, Pritchard & Co agents for Shoosmiths & Harrison Northampton (for the second defendants); Hunt & Hunt (for the plaintiff) F Guttman ESQ Barrister   MAIN ISSUES Mistake – Nature of document – Assignment on sale – Deed assigning leasehold term to defendant – Assignor executed deed in belief that it was deed of gift to nephew – Assignor a widow aged 78 who did not read […]

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3PLR – IDRIS ALAYA V. PASTOR J.A. AKINDURO

POLICY, PRACTICE AND PUBLISHING, LAW REPORTS  3PLR [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] IDRIS ALAYA V. PASTOR J.A. AKINDURO COURT OF APPEAL (KADUNA DIVISION) CA/K/181/96 TUESDAY, 24TH FEBRUARY, 1998 3PLR/1998/13  (CA) OTHER CITATIONS 4 NWLR PART 545 PG. 311   BEFORE THEIR LORDSHIPS: UMARU ABDULLAHI; JAMES OGENYI OGEBE; ATINUKE OMOBONIKE IGE.   REPRESENTATION   MAIN ISSUES PRACTICE AND PROCEDURE – EVIDENCE – Admissibility – Unregistered registrable instrument or document – Admissibility of – Use to which it can be put – Principles governing. […]

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3PLR – GAFARI YISAU V. THE STATE

GAFARI YISAU V. THE STATE   COURT OF APPEAL (IBADAN DIVISION) CA/I/43/91 WEDNESDAY 29 FEBRUARY 1994 3PLR/1994/45  (CA)   OTHER CITATIONS 2 NWLR PART 379 PG 636   BEFORE THEIR LORDSHIPS GEORGE ADESOLA OGUNTADE; ISA AYO SALAMI; SYLVANUS ADIEWERE NSOFOR.   REPRESENTATION Ademola Lajide (with him Kehinde Adekunle) – for Appellant F. Oladehinde(Mrs) Ag. Asst. Director of public prosecution. Ministry of Justice, Oyo state – for respondent   MAIN ISSUES CRIMINAL LAW AND PROCEDURE – What prosecution must prove to sustain conviction of murder, Nature of circumstantial evidence required to ground conviction PRACTICE AND PROCEDURE – EVIDENCE – Section 138 […]

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3PLR – G. K. LADENBAU (U.K.) LTD. V. CRAWLEY and DE REYA

K. LADENBAU (U.K.) LTD. V. CRAWLEY AND DE REYA   COURT: QUEEN’S BENCH DIVISION DATE: 27 APRIL 1977 3PLR/1977/29  (QB)   BEFORE                                                                                 Mocatta J.   REPRESENTATION   MAIN ISSUES Solicitors were engaged to purchase land. They failed to carry out a search of the commons registry. A right had been entered in the register in error. They were told in answers to their pre-contract enquiries that no such rights were known to the vendor. On a resale the purchaser searched revealing an entry. Held: Registration of common rights was conclusive evidence of the matters registered. The fact that the land […]

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3PLR – PASTOR AKIN ALLEN V. ALHAJI J. A. ODUBEKO

POLICY, PRACTICE AND PUBLISHING, LAW REPORTS  3PLR [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] PASTOR AKIN ALLEN V. ALHAJI J. A. ODUBEKO COURT OF APPEAL (LAGOS DIVISION) CA/L/160/89 THURSDAY, 15TH MAY, 1997 3PLR/1997/9 (CA)   OTHER CITATIONS   BEFORE THEIR LORDSHIPS RABIU DANLAMI MUHAMMAD, J.C.A. (Presided and Read the Leading Judgment) EMMANUEL OLAYINKA AYOOLA, J.C.A. IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A.   REPRESENTATION A.B. Abioye – for the Respondent Yomi Alokolaro – for the Respondent                            MAIN ISSUES ACTION – Limitation of action to recover land […]

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3PLR – AKANO V. OLUKU

POLICY, PRACTICE AND PUBLISHING, LAW REPORTS  3PLR [PDF copy of this judgment can be sent to your email for N300 only. Just order through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] AKANO V. OLUKU COURT OF APPEAL [IBADAN DIVISION] 8TH JANUARY 2003 CA/1/172/98 3PLR/2003/21 (CA) OTHER CITATIONS 31 WRN 41   BEFORE: SUNDAY AKINOLA AKINTAN, JCA (Presided) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA (Delivered leading judgment)   BETWEEN 1.OGUNTOYINBO AKANO 2.ADERINOLA AKANO 3.ABIDEMI OGUNJUMO (For themselves and on behalf of Amuloko family)   AND 1.ALAKE KOBIOWU OLUKU 2.JOSEPH OGUNSIJI OLUKU 3.OYETUNDE OGUNJUMO OLUKU (For themselves and on behalf of […]

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