Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DANTATA & ANOR.
V.
MOHAMMED

(2000) JELR 44158 (SC)    

Supreme Court  ·  SC.105/1997 ·  5 May 2000 ·  Nigeria
 · 
Other Citations
Dantata v. Mohammed (2000) 7 NWLR (Pt.664)176 (2000) 5 S.C 1 (2000) 3 W.R.N 32 S.C
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria OKAY ACHIKE SAMSON Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
1st defendant
declaration
reliefs
statement of claim
appeal
reasonable cause of action
defendants
court of appeal
2nd defendant
declaratory reliefs
possession of the property
high court
breach of contract
high court of lagos state
rights of the plaintiff
civil procedure
counter-claim
order of perpetual injunction
possession of the said premises
provisions of the said agreement
aggrieved party
agreement null
kano property
lagos state land registry
leading judgment
learned judge
plaintiffs appeal
respective properties
actions
appropriate relief
auxiliary reliefs
conclusions of the learned trial judge
decision of the high court
declaration of the high court
following reliefs
grant of the main relief
holder of the right of occupancy
injunctive reliefs
landed property
latter case
leading judgment of court of appeal
legal obligation of the defendants
nullification of the contract
own side of the bargain
part of our laws
plot c turnbull road
said defendant
trial judge
words of diplock l.j.

AYOOLA, JSC (Delivering the Leading Judgment): In the High Court of Lagos State, the respondent ('the plaintiff') sued the appellants ("the defendants") claiming as follows:

"(a) A declaration that the Plaintiff is the person entitled to certificate of occupancy dated 26th day of September, 1979 registered as No. 24 at page 24 in volume 1875 of the register of Deeds kept at the Lagos State Land Registry, Lagos, Nigeria.

(b) A declaration that the plaintiff is the person entitled to all that premises known as Plot C Turnbull Road, Ikoyi now, 1 Jabita Close, Ikoyi, Lagos.

(c) A declaration that the agreement dated 28th of November, 1980 between the plaintiff and the 1st Defendant is null and void and not binding on the Plaintiff as the 1st defendant has breached in a fundamental manner the provisions of the said agreement.

(d) Possession of the said premises,

(e) An order of perpetual injunction restraining the Defendants, their agents and or any person whatsoever deriving authority f…

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