Ratio DecidendiRatio DecidendiRatio Decidendi



A C B LTD. & ORS
V.
IHEKWOABA & ORS

(2003) JELR 44846 (SC)    

Supreme Court  ·  SC.114/1999 ·  20 Jun 2003 ·  Nigeria
 · 
Other Citations
A.C.B. Ltd. v. Ihekwoaba [2003] 16 NWLR (Pt.846)249 (2003) 6 S.C (Pt.II)1 (2003) 6 S.C (Pt.II)1
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
1st appellant
respondents
court of appeal
suit no.
1st defendant
3rd defendant
plaintiffs
no.5 christ church close
2nd appellant
2nd defendants
learned trial judge
power of attorney
3rd june
appellants
majority decision
5th defendants
order of the court
respect of the property
said property
statement of claim
statutory certificate of occupancy
4th defendant
decision of the learned trial judge
judgment of the trial court
leading judgment
leave of court
order of court
public notices
purported sale
1st december
3rd defendant of the property of the plaintiffs
4th respondent
annual value of n10.00
conclusion of trial
course of the proceedings plaintiffs
deed of mortgage
evidence act
favour of the 3rd respondent
fraudulent exercise of power of sale
good title
high court of imo state
oral hearing of this appeal
possession of the said property
proper exercise of power of sale
set of appellants
support of the facts
trial of the consolidated suit
various orders
virtue of auction sale
virtue of the auction sale

M. E. OGUNDARE, JSC (Delivering the Leading Judgment): By a writ of summons issued in suit No. HOW/243/87 in 1987 in the High Court of Imo State, the plaintiffs who are now respondents before us sued the 1st and 2nd defendants claiming various orders and a declaration. In the course of the proceedings plaintiffs sought and obtained an order of court joining the 3rd, 4th and 5th defendants. Pleadings were ordered, filed and exchanged and with leave of court, amended. By paragraph 27 of their amended statement of claim, the plaintiffs finally claimed:

"(1) An order setting aside the purported sale, on 3rd June, 1987, by 1st and 2nd defendants to 3rd defendant of the property of the plaintiffs situate at No.5 Christ Church Close, Owerri covered by deed of mortgage dated 21st December, 1982 and registered as No.55 at page 55 in volume 289 in the Lands Registry at Owerri, Imo State.

(2) A declaration that the purported statutory certificate of occupancy dated 1st December, 1987 granted by …

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