Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1993) JELR 44665 (SC)    

Supreme Court  ·  SC.275/1990 ·  23 Jan 1993 ·  Nigeria
Other Citations
Agbaje v. Adigun (1993) NWLR (Pt.269)261 (1993) 1 SCNJ 1
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
learned trial chief judge
learned trial judge
grounds of appeal
high court
exhibit d
trial judge
exhibit a
learned counsel
leave of this court
mr. ajakaiye
said land
high court of oyo state
inter alia
owners of the land
rules of this court
suo motu
appeal no. s.c.
briefs of argument
brother ogundare
close of evidence
conclusion of the high court
erroneous view
further act of trespass
further argument
issues of acquiescence
lead evidence
leading judgment
members of oganla family
notice of preliminary objection
reserved judgment
such leave
suit s.c.
true copy of a judgment
weakness of the appellant

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in February, 1990 in the High Court of Oyo State, the plaintiffs (who are now respondents before us) sued the defendant (now appellant) claiming ₦1,000.00 damages for trespass "committed and still being committed by the defendant on plaintiffs' land situate, lying and being at Arena. Lemonu Street, Ekotedo, Ibadan" and an injunction restraining the defendant, his servants, agents and privies from committing any further act of trespass on the said land. The plaintiffs are all members of Oganla family. Indeed. 1st plaintiff is the Mogaji of family. Pleadings were tiled and exchanged. Three witnesses testified in support of the plaintiffs' case while the defendant and another witness testified in support of the defence. The learned trial Chief Judge, after addresses by learned counsel for the parties, in a reserved judgment, found for the plaintiffs and entered judgment in their favour awarding them ₦200.00 d…

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