Category: Civil Cases

Civil Cases

SUIT NO: HAM/72/2020- 1. MR. GODSPOWER EMENOGU 2. ELDER SUNDAY CHUKWUOCHA 3. NZE CHIDI CHUKWUOCHA 4. MR. OBED ANYANWU (Suing for themselves and as representing the people of Umuoriehi (Oriehi) Village in Eziama in Oporanadim Autonomous Community, Ahiazu Mbaise except any person or group of persons dissenting) VS. 1. H.R.H EZE LOUIS M. NWOKEKE 2. KENNETH CHIKA AGADA 3. ALOYSIUS OGOKE 4. ONESMUS OGOKE 5. GODFREY IWUANYANWU 6. SIMEON IBEKWE ANYANWU 7. JAMES NWAGWU 8. ZEPHANIAH ALOZIE – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA-delivered ON FRIDAY THE 3RD DAY OF FEBRUARY 2023- Competence of action- mode of commencement of suit by Originating Summons and whether it was appropriate given the nature of the case – Abuse of court process- what constitutes an abuse of the judicial process-Interpretation and construction of documents-Parties in a representative capacity- the concept of parties in a representative capacity- Multiplicity of actions-whether the filing of multiple suits on the same subject matter, involving the same parties, and addressing similar issues constituted an abuse of court process.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF MBAISE JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, AHIAZU MBAISE ON FRIDAY THE 3RD DAY...
Civil Cases Contract

SUIT NO: HAM/73/2022- MAZI OKECHUKWU UNEGBU VS. ENUGU ELECTRICITY DISTRIBUTION COMPANY- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA -Delivered ON FRIDAY THE 3RD DAY OF FEBRUARY 2023- Commencement of legal action-requirements of a Writ of Summons-significance of the Statement of Claim-the concept of a condition precedent- the complaint handling procedure of Power Holding Company- National Electricity Regulation Commission (NERC)-the prematurity of the action- Plaintiff had not explored all the internal dispute resolution steps provided before filing the lawsuit- the absence of a properly defined Writ of Summons.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF MBAISE JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, AHIAZU MBAISE ON FRIDAY THE 3RD DAY...
Civil Cases Divorce Cases

SUIT NO: HAM/54D/2021 – DR CHINWE PATIENCE PEDRO AZUOGU VS. BARR AZUOGU, PEDRO REMY- BEFORE HIS LORDSHIP: – HON. JUSTICE I.M. NJAKA.- THURSDAY 1ST JUNE, 2023- Territorial Jurisdiction- For matrimonial causes proceedings, the main requirement for jurisdiction is domicile in Nigeria, and any High Court of any State of the Federation or the Federal Capital Territory has jurisdiction to determine a petition for dissolution of marriage- Domicile- a person domiciled in any state of the Federation is regarded as domiciled in Nigeria and can file a divorce petition in any state in the country, regardless of their current residence- Forum Convenience and Interest of Justice- the importance of forum convenience and the interest of justice in determining the appropriate jurisdiction for matrimonial cases- these factors could empower the court to transfer matrimonial cases to another state high court in the federation if it serves the interests of justice – Service of Process- a fundamental condition precedent to the exercise of jurisdiction by a court of law- the two main ways of serving originating processes- personal service and service other than personal, such as substituted service- Proof of Service- compelling prima facie proof of service -the responsibility of proving there was no service of the processes rests with the Defendant.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE THURSDAY 1ST JUNE, 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M. NJAKA....
Civil Cases Contract

SUIT NO: HOW/ /2023 – ENGR. PASCHAL CHIDI OKEREKE VS. ELEPHANT GROUP PLC – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 3RD DAY OF OCTOBER 2023-Jurisdiction- Contract enforcement- Order 2 Rule 3 of the Imo State High Court Civil Procedure Rules 2018- initiating actions related to breach of contract -These options include the judicial division where the contract was formed, where it should have been performed, where the defendant resides, or where the defendant carries on business-

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 3RD DAY OF OCTOBER 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Civil Cases Fundamental Right Enforcement

HOW/927/2022- Chima Ohahuna, Chukwuebuka Ohahuna VS Obilobi Boniface Okere, Commissioner of Police Imo State O/C Anti –Kidnapping Squad Department, Imo State Police Command, IPO Bube James – BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT. M. NJAKA- delivered ON THE 3RD DAY OF OCTOBER 2023- Violation of Fundamental Rights and Unlawful Detention- Legality of Arrest and Complaint Validity-Entitlement to Declarations and Compensation-Arrest in lieu

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE   3RD  DAY OF OCTOBER 2023 BEFORE HIS LORDSHIP: -...
Civil Cases Contract

SUIT NO: HOW/ 496/2018 -INNOCENT IHEANYI IHEANAKWE VS. FIRST BANK OF NIGERIA PLC – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 28TH DAY OF SEPTEMBER 2023 – Statute of Limitations and its Applicability- Defendant’s Obligation to Send Money Return Warrants-Plaintiff’s Derivation of Value from Money Return Warrants- Discrepancies in Legal Interpretation on the Defense of Limitation Law- Specific Pleadings and Evidence in Limitation Law Cases- Admittance of Facts and Burden of Proof in the Absence of Challenge- Money Had and Received vs. Breach of Contract- Applicability of Money Had and Received- Sections 125 and 126 of the Companies and Allied Matters Act (CAMA)- Breach of Contract- Proof of Delivery- Bank Records: Banks and financial institutions are expected to keep records of their incoming and outgoing mail- Nature of Registered Post Services – Legal Obligations Regarding Registered Mail -Burden of Proof and the Use of Registered Post -Handling of Financial Documents and Bank Drafts -Importance of Documenting Financial Transactions – Examination of Exhibits and Documentation -Determining the Statute of Limitations -Award of Damages and Costs -Legal Principles on Special Damages- Solicitor’s Fees as Special Damages- Statutory Basis for Interest Claims – Interpretation of Statutory Provisions.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 28TH DAY OF SEPTEMBER 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Civil Cases Land Cases

SUIT NO: HOW/723/2013 – MRS VALERIE ANN FRANCES IREGBULEM, SOREM LAWRENCE IREGBULEM, KELEM ASHLEY IREGBULEM, AMANZE ELLIOT IREGBULEM, MRS SAMANTHA IREGBULEM QUINN (SUING AS THE BENEFICIARIES OF THE ESTATE OF DR LAWRENCE M. IREBGULEM (DECEASED) VS SLY EMMANUEL EZENWUKWE, THE GOVERNOR OF IMO STATE IMO STATE COMMISSIONER FOR LAND SURVEY & URBAN PLANNING, OWERRI CAPITAL DEVELOPMENT AUTHORITY, ATTORNEY GENERAL OF IMO STATE BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 7TH DAY OF DECEMBER 2021- Revocation of Certificate of Occupancy- Procedure of Revocation- Ambiguity in Revocation Notice- Timeliness of the Defense – Grounds for Revocation – Compensation and Fair Hearing – Compliance with Section 44 of the Land Use Act- Subsistence of Certificate of Occupancy.

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE I. M. NJAKA ON THE ...
Civil Cases Land Cases

SUIT NO.: – HOW/869/2017- MR. LINUS ANOZIE (FOR HIMSELF AND AS REPRESENTATIVE OF THE ENTIRE ANOZIE FAMILY OF UMUNKPUKE IN UMUNKWENYE VILLAGE) V MR. SABINUS IGWE ODUNZE, MR. CHIDI OKPE, MR. DONATUS OBINECHE, MR. LAZRUS OKPARA (FOR THEMSELVES AND AS REPRESENTATIVES OF THE ENTIRE UMUNKPUKE KINDRED EXCLUDING ANOZIE FAMILY), MR. EMMA I NDUMANYA- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA – delivered ON THE 21ST DAY OF DECEMBER 2021- Arbitration according to customary law is an accepted means of settling disputes- five ingredients must be pleaded and established- right and freedom to resile from a customary arbitration- Refusal to provide or swear to a juju in the conclusion of arbitration can be seen as opting out or resiling from the arbitration- arbitration decision must be accepted by the parties at the time it was made for it to be binding- it may not be considered binding if either party refuses to accept the decision (based on the specific facts of the case)- five types of legal land ownership in Nigeria- burden of proof lies with the plaintiff when there is no counterclaim- methods of proving land ownership under native law and custom, including gifts of land- proof of a gift by traditional history arises when the event is beyond the memory of living witnesses- definition of a gift inter vivos- In cases of individual ownership versus communal ownership of land, the onus of proof lies on the party asserting individual ownership- t is essential for the head of a family to join in the conveyance, and the principal members of the family must consent to the transaction for the sale of family land to be valid

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 21ST DAY OF DECEMBER 2021 BEFORE HIS LORDSHIP: -...
Civil Cases Land Cases

SUIT NO.: – HOW/295/2017 – CHIEF GODDY OJINNAKA VS CHRISTIAN EKE (For Himself and as Representing the Other members of Late Sunday Eke Family of Umuanu Umuonyeche, Owerri, Imo State)- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 21ST DAY OF DECEMBER, 2021- Commendation of Counsel- Onus of Proof in Land Title Cases- Requirement for Sale of Family Land- Customary Sale Requirements- Proof of Ownership of Title- Multiple Means of Proving Ownership- Onus in Land Title Disputes – Witness Testimony and Corroboration – Family Land vs. Individual Land- Sale of Family Land- Proof of Illiteracy- Presumption for Documents Over 20 Years Old- Burden of Proof in Allegations of Forgery- Evidence of Land Use – Lack of Evidence for Customary Practices- Incomplete Ownership Activities- Documentary Evidence- Lack of Substantiated Claims- Dispute Survey Plan- Post-Suit Documents

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 21ST DAY OF DECEMBER, 2021 BEFORE HIS LORDSHIP: -...
Civil Cases Land Cases

SUIT NO: HOW/524/2017- 1. ENGR. ELEAZER ONYECHERE 2. BRIGHT INDIA ONYECHERE 3. EMMANUEL ONYECHERE 4. BERTHRAM ONYECHERE 5. HERBERT ONYECHERE (For themselves and as representing the Onyechere Family of Umuokem, Obokwu Obinze, Owerri West L.G.A), save and except the Defendant.) VS. MICHAEL U.A ONYECHERE- BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT. M. NJAKA delivered ON THE 5TH DAY OF OCTOBER 2021- Partition of Land- Prerogative of the Head of the Family- Consent of Principal Members- Validity of Committee’s Role- Validity of Committee Actions- Customary Practice- customary law cannot contradict the provisions of the Nigerian Constitution, particularly those prohibiting discrimination

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDING AT OWERRI ON THE 5TH DAY OF OCTOBER 2021 BEFORE HIS LORDSHIP: - HON. JUSTICE...
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