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



ADAM
V.
KIME

(2021) JELR 108750 (CA)    

Court of Appeal  ·  CA/G/3/2020 ·  4 Aug 2021 ·  Nigeria
CORAM
Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA

Ratio Decidendi

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Konduga Judicial Division, Borno State in Suit No. BOHC/KDG/CV/04/2019 delivered on 14th January, 2020 by Hon. Justice M. S. Umara. The facts leading to the appeal is that the Respondent, Plaintiff in the lower Court filed a suit at the lower Court claiming title to plots of land measuring 100 x 50 feet described as plot Nos 111, 112, 113, 114, 115 and 116, a declaration that the Appellant is a trespasser and an order of perpetual injunction. The Respondent’s case is based on Exhibit A which is a purchase agreement over the land for N270,000.00. The Appellant denied the claim and the matter proceeded to full blown trial with judgment given in favour of the Respondent. The lower Court in its 13 pages judgment found on pages 72–85 of the records but specifically on pages 84-85 held:

“Furthermore, from the foregoing, it appears to me that even if the defendant has a …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login