Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44859 (SC)    

Supreme Court  ·  SC.137/1999 ·  27 Jun 2003 ·  Nigeria
Other Citations
BUA v. DAUDA (2003) 13 NWLR (PT.838)657 (2003) 6 S.C. (Pt.II)120
Bua v. Dauda (2003) 13 NWLR (Pt. 838) 657
UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
1st defendant
2nd defendant
undue influence
trial court
learned trial judge
lis pendens
high court
present case
said property
statement of claim
court of appeal
alhaji amolu usman sanni
due consideration of the reason
finding of the trial court
land use act
lord browne-wilkinson
principle of law
undue influence of the defendant
ao32 nassarawa gwong
body of the said agreement
circumstances of this case
consequences of the doctrine of lis alibi pendens
courts of equity endeavour
defendant take possession
equitable doctrine of undue influence
evidence of the entire incident
facts of undue influence
first stage
infinite varieties of fraud
issue of consent
judgment of the court of appeal
leading judgment
learned author
litigant party rights
notice of any incumbrance
pendente lite purchaser
plaintiff sell
prima facie case of undue influence
proof of the actual exercise of such influence
question of a person
relevant facts of this case
sale of his house
s. o. uwaifo
transaction set

S. O. UWAIFO, JSC (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal, Jos Division, given on 16th June, 1999. The judgment affirmed that of the High Court, Jos delivered on 14th June, 1994. The claim originated from that High Court wherein the plaintiff, now respondent, claimed for five reliefs, three of which now stand relevant as follows:

(a) a declaration that the sale of his house at AO32 Nassarawa Gwong, Jos, to the 1st defendant was null and void;

(b) a declaration that the plaintiff was still the owner; and

(c) an order setting aside the sale.

The 2nd defendant (now appellant) was later joined as it became known that he had bought the said property from the 1st defendant.

The relevant facts of this case may be stated quite briefly. The respondent is a trader residing in Jos. At the material time he dealt in automobile batteries in his store at No. 35, Ayeni Street, Jos. The 1st defendant is a native doctor. Sometime in September, 1987, t…

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