Ratio DecidendiRatio Decidendi


(1985) JELR 39828 (CA)    

Court of Appeal  ·  CA/L/154/84 ·  4 Dec 1985 ·  Nigeria
Other Citations
Araba v. Elegba (1986) 1 NWLR (Pt.16)
ADENEKAN ADEMOLA Justice of The Court of Appeal of Nigeria PHILIP NNAEMEKA-AGU Justice of The Court of Appeal of Nigeria UTHMAN MOHAMMED Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
special damages
land instruments registration law
law reform
local government
laws of lagos state
only witness
supreme court
facts of the case
form work
law cap
learned counsel
mr. abayomi
officials of ikoyi
only demolition
said document
tipper loads of gravel
20th day of may
building contractor
completion of the erection of the building
evidence of possession of the property
first floor of the said building
following reliefs
general rule
ground floor
grounds of appeal
lagos high court
lagos state
land instrument registration law cap
leading judgment
material averment
miss farinatu elegba
occupation of the said premises
order of injunction
particular reference
plaintiff evidence
plaintiffs statement of claim
possession of the plaintiff
possession of the said property
support of his case
top floors of the said building
two-storey building

NNAEMEKA-AGU, JCA (Delivering the Leading Judgment): In a Lagos High Court, the plaintiff claimed against the defendant the following reliefs:-

"(a) ₦50,000.00 general and special damages for trespass committed on diverse dates on or about the 20th day of May, 1982, by the Defendant his servants and/or agents who unlawfully broke and entered the premises situate and known as No. 42 Odo Street, Obalende, Lagos, which was in possession of the Plaintiff and damaged the building thereon erected by the plaintiff.

(b) A perpetual injunction restraining the Defendant his servants and/or agents from further committing an act of trespass by interfering with the Plaintiff's possession and/or occupation of the said premises."

The facts of the case as revealed in the pleadings and evidence before the court are brief. The plaintiff, a building contractor agreed in writing with the defendant and three others to erect a two-storey building at No. 42, Odo Street, Obalende, Lagos which belonged to the…

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