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Judgements Categories: Court of Appeal

3PLR – MAITO & ORS V. OGUNBODEDE

MAITO & ORS V. OGUNBODEDE   SULEMAN MAITO & ORS V MADAM YEMISI OGUNBODEDE   IN THE COURT OF APPEAL OF NIGERIA ON WEDNESDAY, THE 19TH DAY OF JUNE, 2013 CA/AK/37/2010 3PLR/2013/121   OTHER CITATIONS (2013) LPELR-20892 (CA)   BEFORE THEIR LORDSHIPS KUDIRAT M.O. KEKERE-EKUN, JCA ALI ABUBAKAR B. GUMEL, JCA CORDELIA IFEOMA JOMBO-OFO, JCA   BETWEEN MR. SULEMAN MAITO MR. AJIYE OLOYE (For themselves and on behalf of Oko Family, Ipele) MR. ROTIMI LAGO MR. ALABA DELE MR. LATEEF YUSUF MR. GBENGA MR. TAYE MR. OLAWOLE – Appellant(s)   AND MADAM YEMISI OGUNBODEDE (For herself and on behalf of […]

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3PLR – MRS. COMFORT AKINMOSIN v. MRS. AJOKE MAKINDE & ANOR

AKINMOSIN V. MAKINDE & ANOR   MRS. COMFORT AKINMOSIN V. MRS. AJOKE MAKINDE & ANOR.   IN THE COURT OF APPEAL OF NIGERIA ON MONDAY, THE 3RD DAY OF DECEMBER, 2012 CA/B/12/2010 3PLR/2012/66 (CA)   OTHER CITATIONS   BEFORE THEIR LORDSHIPS KUDIRAT MOTONMORI OLATOKUNBO KERE-EKUN, JCA CHIMA CENTUS NWEZE, JCA CHINWE EUGENIA IYIZOBA, JCA   BETWEEN MRS. COMFORT AKINMOSIN – Appellants   AND MRS. AJOKE MAKINDE MRS. LAKUNLE – Respondents   REPRESENTATION Ogunnowo – For Appellant   AND O. J Shemudara – For Respondent   ORIGINATING STATE Ondo State: High Court   CONNECTED AREAS OF PRACTICE Litigation Ethics   MAIN […]

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3PLR – MRS. NURA IDOWU LAYENI & ORS v. MR. TOLULOPE ODEBIYI & ORS

LAYENI & ORS  V.  ODEBIYI & ORS   MRS. NURA IDOWU LAYENI & ORS V. TOLULOPE ODEBIYI & ORS   IN THE COURT OF APPEAL OF NIGERIA ON THURSDAY, THE 8TH DAY OF JULY, 2010 CA/L/59/2000(R) 3PLR/2010/47(CA)   OTHER CITATIONS (2010) LPELR-4429(CA)   BEFORE THEIR LORDSHIPS RAPHAEL CHIKWE AGBO, JCA ADZIRA GANA MSHELIA, JCA ADAMU JAURO, JCA   BETWEEN MRS. NURA IDOWU LAYENI MR. MOROOF LAYENI DR. KUBRAT ADEYEMO MRS. IYABO ADESEGUN (Administrators of the Estate of Alhaji Yinusa Saliu Layeni) Appellant(s)   AND MR. TOLULOPE ODEBIYI (Substituted for Mrs. Olukemi Odebiyi who was earlier substituted for Chief Jonathan A. […]

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3PLR – HEWER V. BRYANT

HEWER V. BRYANT COURT OF APPEAL 10 JULY 1968 3PLR/1968/48 (SC)   OTHER CITATIONS [1969] 1 All ER 13 CWLR (1968) 9     BEFORE: Lord PAULL J   REPRESENTATION LOVELL, WHITE & KING (for the plaintiff); W.M EASTON & SONS (for the defendant) K DIANA PHILLIPS Barrister   CONNECTED AREAS OF PRACTICE FAMILY LAW (CHILD CUSTODY), WOMEN AND CHILDREN   MAIN ISSUES TORT AND PERSONAL INJURIES LAW: – Motor accident occasioning bodily injury to 15 year old boy living and working on farm as trainee away from parents and financially independent on agricultural wages – Negligence – Competency of action […]

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3PLR – IYANDA V. ADELUYI

BELLO IYANDA AND 2 OTHERS V. ADEDOJA ADELUYI   COURT OF APPEAL (WEST) 23RD APRIL 1970 3PLR/1970/43  (CA-W)   OTHER CITATIONS   BEFORE THEIR LORDSHIPS:         ESO, JCA DELUMO, JCA AKINKUGBE, J.JA.   EDITORS [Sam Eleanya, Agboola Omolola Oluwafolakemi, Eleanya Kalu Vincent, Eleanya Ugochi Vine]   MAIN ISSUES Customary Law-Family land-Sale by Head of Family without consent of members thereof-Effect. Customary Law-Family land-Sale without consent of Head of Family-Effect. Customary Law-Family land-Sale by member of family holding himself out as having authority of family to sell lead of Family having no objection-Whether family estopped from denying such representation to the […]

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3PLR – KELLEY V. CORSTON

KELLEY V. CORSTON   COURT OF APPEAL, CIVIL DIVISION  [1997] 4 ALL E.R. 466 22, 23 APRIL, 10 JULY 1997 3PLR/1997/63  (CA-E)   BEFORE THEIR LORDSHIPS: BUTLER-SLOSS PILL AND JUDGE LJJ   REPRESENTATION L I Zysman ESQ Barrister.   MAIN ISSUES PROFESSIONS; Lawyers: TORTS; Negligence: FAMILY; Divorce, Ancillary Finance and Property Barrister – Negligence – Immunity – Extent of immunity – Barrister advising in relation to financial relief after divorce – Proceedings compromised and settlement embodied in consent order approved by court – Plaintiff suing barrister in relation to settlement – Whether barrister immune from suit in relation to settlement […]

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3PLR – GISSING V. GISSING

OLANREWAJU ADEROUNMU V. MRS. OLABISI OLAIDE ADEROUNMU   IN THE COURT OF APPEAL OF NIGERIA ON THURSDAY, THE 13TH DAY OF JUNE, 2002 CA/I/173/2000 3PLR/2002/73 (CA)   OTHER CITATIONS [2003] 2 NWLR (Pt. 803) 1 BEFORE THEIR LORDSHIPS MORONKEJI OMOTAYO ONALAJA, JCA FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA   BETWEEN OLANREWAJU ADEROUNMU Appellants AND MRS. OLABISI OLAIDE ADEROUNMU Respondents   REPRESENTATION A. OGUNWOLE – For Appellant AND OLUKUNLE KAMISI – For Respondent     MAIN ISSUES FAMILY LAW – MATRIMONIAL CAUSES:- Divorce proceedings – Petition for decree of dissolution of marriage on the grounds that the marriage has […]

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GISSING V. GISSING

OLANREWAJU ADEROUNMU V. MRS. OLABISI OLAIDE ADEROUNMU   IN THE COURT OF APPEAL OF NIGERIA ON THURSDAY, THE 13TH DAY OF JUNE, 2002 CA/I/173/2000 3PLR/2002/73 (CA)   OTHER CITATIONS [2003] 2 NWLR (Pt. 803) 1 BEFORE THEIR LORDSHIPS MORONKEJI OMOTAYO ONALAJA, JCA FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA   BETWEEN OLANREWAJU ADEROUNMU Appellants AND MRS. OLABISI OLAIDE ADEROUNMU Respondents   REPRESENTATION A. OGUNWOLE – For Appellant AND OLUKUNLE KAMISI – For Respondent     MAIN ISSUES FAMILY LAW – MATRIMONIAL CAUSES:- Divorce proceedings – Petition for decree of dissolution of marriage on the grounds that the marriage has […]

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3PLR – ADEROUNMU V. ADEROUNMU

OLANREWAJU ADEROUNMU V. MRS. OLABISI OLAIDE ADEROUNMU   IN THE COURT OF APPEAL OF NIGERIA ON THURSDAY, THE 13TH DAY OF JUNE, 2002 CA/I/173/2000 3PLR/2002/73 (CA)   OTHER CITATIONS [2003] 2 NWLR (Pt. 803) 1 BEFORE THEIR LORDSHIPS MORONKEJI OMOTAYO ONALAJA, JCA FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA   BETWEEN OLANREWAJU ADEROUNMU Appellants AND MRS. OLABISI OLAIDE ADEROUNMU Respondents   REPRESENTATION A. OGUNWOLE – For Appellant AND OLUKUNLE KAMISI – For Respondent     MAIN ISSUES FAMILY LAW – MATRIMONIAL CAUSES:- Divorce proceedings – Petition for decree of dissolution of marriage on the grounds that the marriage has […]

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3PLR – OBIOZOR V. NNAMUA

MRS. IFEANYI OBIOZOR V. BABY NNAMUA (BABY OBIOZOR)   3PLR/2014/149 (CA)   _____________________________ CHILDREN AND WOMEN LAW: Paternity Of Children and Rights Of Inheritance – Paternity of child whose mother’s claim to valid marriage with father had been dismissed – How paternity is asserted – Need to distinguish the right or interest of the children in the estate of their father in law as distinct from that of their mother irrespective of whether she is married to their father or not – Right of any child whose deceased father is a person subject to customary law and married under native […]

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3PLR – OWNERS M.V BACO LINER 3 V.  ADENIJI

OWNERS M.V BACO LINER 3 V. ADENIJI   COURT OF APPEAL THURSDAY, 4TH FEBRUARY, 1993 SUIT NO. CA/L/92/89 (LAGOS DIVISION) 3PLR/1993/91 (CA) OTHER CITATIONS 2 NWLR (Pt. 274) 195   BEFORE THEIR LORDSHIPS IBRAHIM KOLAPO SULU-GAMBARI, J.C.A. (Presided) UMARU ATU KALGO, J.C.A. NIKI TOBI, J.C.A. (Read the Leading Judgment)   BETWEEN OWNERS M/V BACO LINER 3 MASTER M/V BACO LINER 3   AND EMMANUEL ADENIJI   EDITORS [Sam Eleanya, Agboola Omolola Oluwafolakemi, Eleanya Kalu Vincent, Eleanya Ugochi Vine]   MAIN ISSUES COURT- Jurisdiction and locus standi -Relationship between – Need for plaintiff to establish before court’s jurisdiction can be invoked. […]

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3PLR – LAURIE V RAGLAN BUILDING CO LTD

LAURIE V. RAGLAN BUILDING CO LTD   COURT OF APPEAL 24 OCTOBER 1941 3PLR/1941/2 (CA-E) OTHER CITATIONS CWLR (1941) 1       BEFORE THEIR LORDSHIPS: LORD GREENE MR GODDARD AND DU PARCQ LJJ   REPRESENTATION GILBERT BEYFUS KC AND HUMFREY EDMUNDS – for the appellant. TRISTRAM BERESFORD KC AND F G PATERSON – for the respondents. Solicitors: VIZARD OLDHAM CROWDER & CASH (for the appellant); R I LEWIS & CO (for the respondents). W K SCRIVENER Esq Barrister.       MAIN ISSUES TORTS AND PERSONAL INJURY: Negligence: Death of pedestrian on pavement road user from skidding lorry during […]

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