Ratio DecidendiRatio Decidendi


(1972) JELR 46129 (SC)    

Supreme Court  ·  SC.284/1970 ·  11 Feb 1972 ·  Nigeria
Other Citations
(1972)All N.L.R 94 Ebge v. Onogun (1972) 2 S.C. 90
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
learned judge
interim injunction
substantial issue
interlocutory injunction
notice of motion
perpetual injunction
western state
ovie-whisky j.
strong prima facie case
subject matter of the claim
5th july
above statements
act of trespass
burden of proof
case of donmar productions ltd. v
cemetery road
court of its discretionary powers
exclusive rights of burial
first passage deals
following terms
further acts of trespass
given case
inter alia
leading judgment
legal right
legal right of the plaintiff
limited time
mere fact
order of this honourable court
particular case
part of the cemetery
plaintiff claims
portion of land
primary importance
public authorities
public health
relevant portions
ruling of the learned judge
set aside
such further order
support of the right
trial judge
urban district council
warri cemetery
warri high court

G. S. SOWEMIMO, Ag. JSC (Delivering the Leading Judgment): This is an appeal against an order dismissing an application for an interim injunction. In Suit W/54/70 instituted by the plaintiff against the defendant in the Warri High Court, of the Mid-Western State, the plaintiff claims special and general damages for trespass to land, interim injunction to restrain the defendant from continuing further acts of trespass and perpetual injunction. The portion of land which is the subject matter of the claim is described on the writ as "the piece and parcel of land in Warri Cemetery, Cemetery Road, Warri.

" The act of trespass was that "on 18th April, 1970, the defendant and his agent broke and entered the piece of land. . . to destroy the tombstone and the grave where plaintiff's late father, the Hon. Asifo Egbe was buried in 1945".

Along with the summons the plaintiff filed a notice of motion on 5th July, 1970 in the following terms:

"For an order of this Honourable Court

1. Granting th…

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