Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1998) JELR 45660 (SC)    

Supreme Court  ·  SC.182/1994 ·  16 Jan 1998 ·  Nigeria
Other Citations
Agbasi v. Obi (1998) 2 NWLR (Pt.536) 1 (1998) 1-2 S.C 28
Agbasi v. Obi (1998) 2 NWLR (Pt. 536) 1
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
learned trial judge
consolidated suits
plea of res judicata
native court
daniel obi
high court
plea of estoppel
rem judicatam
appellate court
subject matter
case of the parties
ifedigbo obi
judgment of the high court
suit no. hn
considered judgment
decision of the court of appeal
judgments of the court
present claim
previous suits
said land
traditional evidence
1st defendant daniel obi
county court proceedings exhibit h
evidence of pw2
eze olia ukwu
findings of the lower court
following conclusions
following issues
judgment of tile high court
leading judgment
maximum use of the said land
nnewi high court
onitsha county court of appeal judgment
parcel of the native court
part of their case
present action
preview of the lead judgment
proper appreciation of the issue
reserved judgment
ugwuochi native court
umuenyilora family of uruagu nnewi

KUTIGI, J.S.C.(Delivering the Leading Judgment): At the Nnewi High Court, the appellants were plaintiffs in Suit No. HN/3/79 and the defendants in Suit No. HN/5/79 which suits were consolidated and heard by Olike J.

The appellants as plaintiffs in suitNo. HN/5/79 sued the defendants claiming:-

(i) ₦1,000.00 damages for trespass, and

(ii) Perpetual injunction restraining the defendants and their agents from further trespass on the said land.

The defendants rather than joining issues with the appellants instituted a separate action in HN/5/79 claiming against them:-

(a) ₦50,000.00 damages for trespass;

(b) Injunction; and

(c) customary right of occupancy over the land in dispute.

The High Court on being satisfied that the parties in the suits are the same, that there was a common question of law and fact and that it was convenient to dispose of the suits together, consolidated them. The plaintiffs in HN/3/79 which was the first m time were made plaintiffs and the plaintiffs in HN/5/79…

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