JUDGMENT OF THE COURT (Delivered by O. Akinkugbe , J.C.A.)
The appellant Latifu Atanda was convicted at the High Court, Abeokuta (odunlami J.) on February 22, 1976 of the murder of one abeni latifu appellant’s wife, which took place at Abeokuta on the 21st day of February, 1974.
JUDGMENT OF THE COURT
(Delivered by Ete, J.C.A)
At the hearing on 20th of June. 1977, this court dismissed this appeal and affirmed the conviction and sentence. We now give our reasons.
(Delivered by A. I. Aseme, J.C.A.)
The applicant is one Monday Egbon. He moves this court by way of Motion on Notice for an order of this court substituting him for the appellant in this appeal who has since the filing of the appeal died. In his affidavit in support of this application, the applicant deposed inter alia to the following facts:
In the substantive suit, the Amadim family of Achalla (hereinafter referred to as 'the Respondents' sued the Umuezede family of Achalla (hereinafter referred to as 'the Appellants') for:
This is an appeal by Ayo Idehen (hereinafter referred to as the appellant) against the judgment of the Bendel State Robbery and Firearms Tribunal delivered on the 4th of May, 1976, in charges No. MW/RFT/BC/75.
The respondents to this appeal were plaintiffs in the High Court of Kaduna State holden at Kaduna. They had sued the defendants, now appellants, for breach of contract of insurance. Their writ Will endorsed as follows:-
MACAULAY, J.C.A. (Delivering the Lead .Judgment): The appellant before us was arraigned, tried, convicted and sentenced to death by the learned trial Judge, Hon. Justice D.E.Y.
DABALAKIN; J.C.A. (Delivering the lead judgment): This is an appeal against the judgment of Ilorin High Court holden at Ilorin delivered on 5th April. 1983.
KOLAWOLE, JCA. (Delivering the lead judgment): This is an appeal by the plaintiffs/appellants against the judgment of Desalu, J. delivered on 4th February, 1983,
ADEMOLA, J.C.A. (Presiding and Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Lagos State in which that Court gave judgment in favour of the Respondent in the total sum of N36, 186.00 under various heads of damages.
OMOLOLU-THOMAS, J.C.A. (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Oyo State Holden at Ibadan in a claim for special and general damages for malicious prosecution of the Plaintiff/Respondent by the Defendant/Appellant.
EBOH, J.C.A. (Presiding and Delivering the Lead Judgment): This is an appeal against the order of refusal by Maidoh, J., of High Court Benin City to quash the information filed against the appellants upon the consent granted by the Chief Judge of Bendel State following an application brought by the State Director of Public Prosecutions.
NNAEMEKA-AGU, J.C.A. (Delivering the Lead Judgment): This is an appeal against an interlocutory ruling by an Ikeja High Court presided over by Balogun, J., on the 8th day of June, 1985.
The plaintiffs had brought an action against the defendants claiming the following relief:
OLATA WURA, J.C.A. (Delivering the lead Judgment): The Applicant was the Defendant in the lower court. The Respondent who was the plaintiff in that same court sued the Defendant for a total sum of N 122,750.49 for work done by the plaintiff, value of building materials and equipment left on the site and breach of the contract between the two of them.
OLATAWURA, J.C.A. (Delivered by the lead Judgment): The only issue arising out of this appeal is whether there has been a compliance with Order 3 Rule 9 of the High Court Rules Cap. 61 Laws of Eastern Nigeria now applicable to Anambra State. I will set this out later.
JACKS, J.C.A. (Delivering the lead Judgment): The present appeal is against the decision and order of the Jos High Court dated 11/6/86 which reads:-
'This is a claim of title to land which this court has no jurisdiction. The case is referred to the Chief Judge for transfer to the appropriate Court.'
The grounds of appeal without the particulars reads as follows:-
BABALAKIN, J.C.A. (Delivering the lead Judgment): This appeal is concerned with the quantum.
ADEMOLA, J.C.A. (Delivering the Judgment): The Respondent, who was plaintiff in the court below, filed a Writ of Summons claiming against the Appellant as follows:
NNAEMEKA.AGU. J.C.A. (Delivering the Lead Judgment): In an Orlu High Court the plaintiff brought an action as a representative of Emenangha Family in Umuoke. Owerre Nkwoji. against the eight defendants for themselves and as representing Umudi people. The claim was f(;r a declaration of E title to 'Ala Emenaugha' land said to be situated at Umuoke.
OGUNDARE, JCA. (Delivering the Lead Judgment): By a writ of summons issued on 30th may 1974, the plaintiffs suing on behalf of the Ansar-Ud-Deen Society, Ode Ondo, claimed from the defendant N200.00 damages for trespass and an injunction restraining the defendant, etc.
KOLAWOLE, J.C.A. (Delivering the Lead Judgment): On 17th June, 1985, Dagogo-Manuel, J. of the Port Harcourt Judicial Division or the High Court of Rivers State entered judgment in favour of the plaintiffs in the following terms:
OGUNTADE, J.C.A. (Delivering the Lead Judgment): On 13/3/87, appellant was brought before the Chief Magistrates Court, Enugu, on two separate charges. The first of the charges which is ME/322C/87 reads:
MUKHTAR, J.C.A. (Delivering the Lead Judgment): The appellant and one Tanko Anyankar Ayiku (now at large) were charged with conspiracy and culpable homicide punishable with death contrary to Section 85 read together with Section 221 of the Penal Code.
MOHAMMED, JCA. (Delivering the Lead Judgment): In the Brief of Argument filed by the appellant for the prosecution of this appeal, his counsel formulated the following issues for the determination of the appeal: