Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DANTSOHO
V.
MOHAMMED

(2003) JELR 44743 (SC)    

Supreme Court  ·  SC.51/1996 ·  21 Feb 2003 ·  Nigeria
 · 
Other Citations
Dantsoho v. Mohammed (2003) 6 NWLR (Pt.817)457 (2003) 2 S.C 42 (2003) 2 S.C 42
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU 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 EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
holders of a statutory right of occupancy
certificate of occupancy no. lkn
judgment of the court of appeal
joinder of the issuing authority of a grant
statutory right of occupancy
governor of kano state
certificate of occupancy no. kn
land use act
learned cj
kano state high court
certificate of occupancy no.lkn
holders of statutory right of occupancy trace
leading judgment
duplication of the grant
existing rights
senior counsel
provisions of sub-section
following orders
persons claim possession
court of appeal
superior title
certificate of occupancy of the plaintiff
common law
learned trial cj
land
name of abubakar s. mohammed
public purposes
holder of a customary right of occupancy
subject of the statutory right of occupancy
section
joinder of the governor of kano state
commencement date of exhibit
trial proceedings
lower court
public interest
local government
holder of a statutory right of occupancy
said authority
just determination of this case
name of abubakar
s. m. a. belgore
piece of land
learned counsel
a. i. katsina-alu
chief judge
respondent
customary right of occupancy

A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal, Kaduna Division delivered on the 26th of February, 1996.

The respondent as plaintiff in the Kano State High Court took out a writ of summons against the appellant as defendant claiming as follows:

(i) Damages

(ii) A declaration that the defendant is not entitled to the premises in such manner as to dig trench and put heaps of sand on the plaintiff's said land.

(iii) A declaration that the defendant is not entitled to continue to retain the nuisance (i.e. heaps of sand) on the land.

(iv) An injunction restraining the defendant from continuing to keep the sand and the trench on the plaintiff's land so as to be nuisance to the plaintiff.

The case went to trial before Saleh Minjibir, CJ of Kano State. After Hearing evidence the learned CJ entered judgment for the plaintiff.

In the course of his judgment, he held thus:

"In my own considered opinion, two documents are crucia…

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