Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ADAM III
V.
OKOHO

(2007) JELR 57671 (CA)    

Court of Appeal  ·  CA/C/133/2000 ·  5 Jun 2007 ·  Nigeria
CORAM
NWALI SYLVESTER NGWUTA JCA (Presided) JEAN OMOKRI JCA MOJEED ADEKUNLE OWOADE JCA (Read the Lead Judgment)

Ratio Decidendi

Core Terms Beta
suit no. c
plaintiff
appellant
1st defendant
appeal
issues
learned trial judge
edgerley road
grounds of appeal
final judgment
lower court
defendants
present suit
respondents
abuse of court process
rem judicata
3rd defendant
court of appeal
high court
said suit
issue of fraud
lead judgment
mortgage agreement
respondent’s motion
statement of defence
1st august
court lacks jurisdiction
reversionary interest of the plaintiff
statement of claim
subject matter of the suit
trial raise
2nd defendant
3rd defendants of all transaction
action of the plaintiff
certificate of occupancy no. ca
competency of the action
court order
decision of ilok j
deed of release of legal mortgage
following issues
following reliefs
issue of capacity
period 1st august
plaintiff’s reversionary interest
present action
respect of a commercial property
said judgment
warning notice

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the decision of Ilok J sitting at the Calabar Division of the High Court of Cross River State in suit No. C/532/96 delivered on the 31st March, 2000.

The appellant who was plaintiff before the lower court issued a writ of summons dated 25th October, 1996 against the defendants/respondents. The writ of summons was followed by a statement of claim seeking the following reliefs jointly and severally against the defendants for the injury suffered, losses, inconveniences, discomfort and damages as follows:

1. A declaration that the judgment in suit No. C/440/96 of 30th September, 1996 was obtained by fraud. The reason being the 1st and 3rd defendant in the said suit colluded to permanently injure the plaintiff’s reversionary interest in the subject matter of the suit by refusing to disclose plaintiff’s said interest in the subject matter of the suit to the court.

2. An order setting aside the said judgment.

3. A declaration…

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