Ratio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108756 (CA)    

Court of Appeal  ·  CA/C/348/2016 ·  16 Jul 2021 ·  Nigeria
Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Ratio Decidendi

Core Terms Beta
originating process
lower court
legal practitioner
1st plaintiff
civil procedure
customary law
no.262 old odukpani road
real estate of our father
record of appeal
room apartment
u.b.n ltd
above originating process
amended statement of claim
appellants’ brief
appellants’ writ
argument of counsel
behalf of the defendant
benefit of other siblings
brother mohammed l. shuaibu
claimants’ claim
competence of such process
end of the hearing
estate of late chief effiom effanga
facts of the case
failure of the appellants
family house
flat no.82 white house street
fuller reasons
gemex international ltd
incompetent process
james shehu abiriyi
leading judgment
lead judgment
legal position
light of the aforementioned respondent
mojeed adekunle owoade
mrs. ann bassey effiom duke
muhammed l. shuaibu
notice of appeal
only area of divergence
order of perpetual injunction
said writ of summons
submission of the learned appellants
trial judge
unsigned writ of summons

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State delivered by Hon. Justice Obojor A. Ogar on 16th day of July 2016 dismissing reliefs Nos. 2-4 of the claimants’ claim and granting reliefs 1-5 of the counter-claims.

The claimants now appellants claimed against the respondent herein vide an amended statement of claim filed on 13/5/2013 at paragraph 17 pages 102 and 103 of the record of appeal as follows:-

1. A declaration that all the properties herein after stated below constitutes the real estate of late Chief Effiom Effanga of Obot Okoho village of Ikot Omin, Calabar Municipality, Cross River State.

(a) A two bedroom flat No.82 White House Street, Calabar.

(b) A store at 80 White House Street, Calabar.

(c) A large hectare of palm plantation (approximately 5 hectares at Obot Okoho).

(d) 7 hectares of undeveloped farmland at Obot Okoho village.

(e) A 4 room apartment at No.262 Old Odukpani Road, Iko…

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