Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1989) JELR 40116 (SC)    

Supreme Court  ·  SC.45/1986 ·  26 May 1989 ·  Nigeria
Other Citations
Ayinde v. Salawu (1989) NWLR (Pt.109)297
KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
2nd defendant
1st defendant
court of appeal
possession of the land
statement of claim
trial court
native law
learned trial judge
presence of witnesses
common ground
high court
learned justice of appeal
special damages
supreme court
2nd appellant
act of ownership
following passage
hearing of the case
members of baba eko family
plaintiffs claim
said paragraph
said sale
simple reason
support of his own evidence
1st defendant of cement blocks
2nd defendant claims
2nd defendants family
3rd p.w.
aforesaid sale
declaration of title
defendants dipo rafiu ayinde
evidence of these witnesses
further trespass
ibadan high court
implication of the finding of the court
important issues
leading judgment
lead judgment of that court
parcel of land
portion of the family land
present case
representatives of baba eko family
sale of the afore
set aside
time bargain
trial court of exhibit j

AGBAJE, JSC (Delivering The Leading Judgment): The plaintiff, Alhaja Sikiratu Salawu, sued the defendants Dipo Rafiu Ayinde and Saidu Mustafa in an Ibadan High Court claiming against them as follows:-

"(a) Declaration that the Plaintiff is entitled to statutory right of occupancy to all that piece and parcel of land situate lying and being at Old Ife Road, Loyola College Area, Ibadan, shown on Plan No.KESH/Y/4036 dated 15th February, 1979 made by Alhaji Y.O.A. Keshinro, Licensed Surveyor.

(b) ₦10.000.00 General and Special damages for trespass and for destruction by the 1st defendant of cement blocks left on the land by the Plaintiff.

(c) Perpetual injunction restraining the Defendants their servants, agents and privies from further trespass on the land.

IN THE ALTERNATIVE the plaintiffs claim against the 2nd defendant is for the sum of ₦7,450.00 being special and general damages (suffered by the plaintiff) for loss of bargain resulting from the sale of the afore-said land to the pla…

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