Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ANABARONYE
V.
NWAKAIHE

(1997) JELR 45529 (SC)    

Supreme Court  ·  SC.128/1994 ·  24 Jan 1997 ·  Nigeria
 · 
Other Citations
Anabaronye v Nwakaihe (1997) 1 NWLR (Pt.482) 374
Anabaronye v. Nwakaihe (1997) 1 NWLR (Pt. 482) 374
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
dispute
appellants
court
family
evidence
learned trial judge
alleged trespass
amended statement of claim
members of the appellants
portions of the land
trial court
evidence of traditional history
male children
material facts
traditional evidence
amended statement of defence
claim of the respondent
common ground
decision of the high court
determination of the case
due consideration of the evidence
family land
great ancestor of the parties
judgment of the court
judgment of the learned trial judge
lead judgment
members of the appellants family
parcel of land
plaintiff's claim
present case
s.c
ancestor of the defendants
ancestor of the plaintiff
appellants section
declaration of statutory right of occupancy
finding of the learned trial judge
findings of the learned trial judge
following cases
great ancestor of the respondent
high court of imo state of nigeria
leading judgment
oboro ndowaram
parcels of land
permanent grants of some portions
principal members of the respondent
rules of this court
see elias v
s. m. a. belgore
vacant adjoining piece of land
y. o. adio

Y. O. ADIO, JSC (Delivering the Leading Judgment): The claim of the respondent against the appellants in an action instituted in the High Court of Imo State of Nigeria, Oguta Judicial Division was for a declaration of statutory right of occupancy over a parcel of land known as "Oboro Ndowaram" situate at Umuekwe. Mgbidi. He also claimed the sum of ₦10.000.00 being damages for trespass and injunction.

The evidence led by the respondent was that one Ekwe, the great ancestor of the parties while living at Imeoha, Mgbidi. had six sons, namely, Ndebunwa (the ancestor of the defendants). Ochea, Maram, Ndowaram (ancestor of the plaintiff"). Oparaukwu and Iremgbidi. Ekwe's six sons and his brother Uzurumike crossed from Imeoha and occupied a vacant adjoining piece of land called Oboro and settled thereon. The land in dispute was one of the four portions of the land occupied by Ndowaram, the great ancestor of the respondent's family. He lived and farmed on them and, on his death, the land in …

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