Ratio DecidendiRatio Decidendi


(2021) JELR 108733 (CA)    

Court of Appeal  ·  CA/C/05/2020 ·  16 Jul 2021 ·  Nigeria
Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Ratio Decidendi

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 7th June, 2019 in the High Court of Akwa Ibom State sitting at Uyo.

The Appellant who was the plaintiff in the High Court (the Court below) claimed against the Respondents who were the defendants for a declaration that he is the owner of the property in dispute, an order that the Respondents vacate the property and a couple of other reliefs.

The case of the Appellant in the Court below was that the 1st Respondent and his late brother Eniefiok E. Udoh through PW1 and one Ben O. Ekpo approached him and discussed the sale of the property in dispute. He was told by the 1st Respondent and the brother that their father had given the property to them before his death even though it was mortgaged in April, 1980 to First Bank Nigeria Plc.

The Appellant paid up the outstanding loan to the bank. The Appellant also agreed to pay the sum of One Million, One Hundred Thousand Naira (N1,100…

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