Ratio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38873 (CA)    

Court of Appeal  ·  CA/B/147/2003 ·  14 Jun 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
writ of summons
trial court
jurisdiction of the court
support of claim
2nd defendants
high court
civil procedure
3rd defendants
record of appeal
undefended list
case of the plaintiff
suit no. hcu
10th day of march
15th day of june
3rd respondent
circumstances of the case
proper order
set aside
appellant vide
claim interest
date of judgment
employee of the 3rd defendants
following question
following reliefs
foregoing claims
foregoing notice of preliminary objection
jurisdiction of this honourable court
learned trial judge ought
notice of discontinue
open court
para e-f
pending applications
plaintiff claim
respondent counsel
ruling of the high court of edo state
said amount
said notice of discontinuance
said writ
sitting of the trial court
view of the provisions of order

MUDASHIRU NASIRU ONIYANGI, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Edo State, Uromi Judicial Division in Suit No. HCU/26/98 between MRS. JOSEPHINE ARINZE as Plaintiff and against (1) JUWA ANTHONY, (2) MATHEW OSARO ORIAKHI (3) UNION BANK PLC UROMI delivered on the 15th day of June 2000 in an application to discontinue the suit by the Plaintiff who is the Appellant in this Court against all the Defendants before the trial Court dated 10th day of March 2000 and filed on the 13th day of March 2000. See page 33 of the (Record of Appeal) I reproduce herein under the said Notice of Discontinuance by the Plaintiff/Appellant.


Take notice that the Plaintiff herein wholly discontinue her action in the matter against all the Defendant dated this 10th day of March 2000.

At the Court below, the Appellant vide his writ of summons under the undefended list filed on the 13/11/1998 sought for the following reliefs:

The Plaint…

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