Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BENJAMIN
V.
KALIO

(2006) JELR 51112 (CA)    

Court of Appeal  ·  CA/PH/98/2001 ·  30 May 2006 ·  Nigeria
CORAM
MUSA DATTIJO MUHAMMAD JCA (Presided) ISTIFANUS THOMAS JCA (Read the Lead Judgment) MONICA BOLNA’AN DONGBAN-MENSEM JCA

Ratio Decidendi

Core Terms Beta
respondent
appellants
dispute
trial court
dw2
lower court
exhibit l
trial judge
general damages
learned trial judge
evidence of the respondent
piece of land
abuloma land
lead judgment
appellants’ gobo family
name of the land
part of the respondent
appellate court
cross-examination
grounds of appeal
respondent’s evidence
adjacent land
evidence of the parties
respect of part of the land
above factual evidence of the respondent
addresses of counsel
admissible evidence
appellants’family headship issue
awoka land
brief facts of the appeal
claims of the respondent
conclusion of evidence
contents of the appellants
entire case of the appellants
evidence act
exhibit a
headship of the appellants
identity of the land
leadership of their family
learned counsel
leave of this court
part of the land
pieces of same land
respective claims
said summary
state of the pleadings
totality of evidence
trial court counter
trial court’s findings
witnesses dw1

THOMAS JCA (Delivering the Lead Judgment): The brief facts of the appeal is that the plaintiffs now to be referred to as the appellants, claimed a declaration of statutory right of occupancy over a piece of land situated and locally called, Awoka land, which is verged red on exhibit A, a survey plan. They also claimed damages for trespass and perpetual injunction, all against the defendant but now to be referred to as the respondent. The respondent on his part at the trial court counter-claimed against the appellants for a declaration that he was entitled to a certificate of occupancy over the land verged yellow on exhibit L, damages of ₦1,500,000.00 for trespass and perpetual injunction. Both parties called witnesses who testified on their respective claims. After conclusion of evidence and addresses of counsel, the trial Judge dismissed the entire case of the appellants and granted the claims of the respondent in its entirety including damages of ₦1,500,000.00. Dissatisfied with t…

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