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COOKEY
V.
FOMBO

(2005) JELR 45200 (SC)    

Supreme Court  ·  SC.121/2000 ·  20 May 2005 ·  Nigeria
 · 
Other Citations
Cookey v. Fombo (2005) 15 NWLR (Pt.947)182
Cookey v. Fombo (2005) 15 NWLR (Pt. 947) 182
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGRO KUTIGI Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
statement of claim
plaintiff
reasonable cause of action
court
2nd defendant
trial court
court of appeal
learned trial judge
proposed amended statement of claim
writ of summons
plaintiff's claims
1st defendant
proposed amendment
statement of defence
implementation of abandoned property
high court of rivers state
said property
said recommendations
trial
aggregate of facts
decision of the court of appeal
order of court
plaintiff's claim
purported sale of property
said sale
claims
inhabitant of a property right of preference
leading judgment
plaintiff claims
point of law
right of sale of the property
ruling of the high court
view of the foregoing
2nd defendant counter
amended appellant
british medical association
further take notice
hearing of the motion
learned trial judge ought
mere recommendation
recommendations of major david mark
respect of suit no. prt
respondent's action
rules of court
starting point
support of these claims
trial raise

KUTIGI, JSC (Delivering the Leading Judgment): The plaintiff in paragraph 14 of her statement of claim which superceded the writ of summons, claims as follows:-

"Wherefore the plaintiff claims against the 1st defendant and 2nd defendant jointly and severally for -

(a) Declaration that the purported sale of property situated at No. 155 Niger Street, Port-Harcourt by the 1st defendant to the 2nd defendant is null and void.

(b) An order of court rectifying the said sale.

(c) An injunction restraining the 2nd defendant, his agents, servants or privies from tampering with the said property or any part thereof."

The defendants filed their statement of defence separately. The 2nd defendant counter-claimed against the plaintiff.

Thereafter the 2nd defendant by motion on notice prayed the court for the following reliefs.

"1. An order setting down for hearing the point of law raised by the 2nd defendant in paragraphs 15(i) and (ii) of his , statement of defence before trial;

2. An order dismiss…

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