Ratio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38926 (CA)    

Court of Appeal  ·  CA/OW/41/2011 ·  11 May 2018 ·  Nigeria
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
learned counsel
native law
appellant's counsel
lower court
1st defendant
preliminary objection
record of appeal
respondent's brief
respondent's case
respondent's claim
3rd defendants
6th day of december
delivery of the appellant
fathers property
final analysis
local government area
said decision
said family
son of ambrose ejiafa jilezi
unmarried woman
appellant's brief
attorney-general of bendel state
control of the said late ambrose
decision of the high court of imo state
established facts of this case
failure of the learned trial judge
first biological son of the late ambrose
grant of the following reliefs
instant appeal
issue of marriage
jurisdiction of this honourable court
leading judgment
light of the foregoing evaluation of evidence
male issues
mother beatrice
order of perpetual injunction
proof of the fact
property of late ambrose ejiafa jilezi
relief d fail
respective briefs of argument
respondent's preliminary objection
said beatrice
surviving appellant
way of a notice of appeal

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal was filed against the decision of the High Court of Imo State sitting at Mgbidi (hereinafter referred to as the lower Court) delivered by Hon. Justice K. A. Ojiako, J., on the 6th day of December, 2010. The said decision pertained to Suit No. HOU/50/2003.

The suit which led to the instant appeal was instituted by the plaintiff/respondent (hereinafter referred to as the respondent) wherein he sought for the grant of the following reliefs:

(a) Declaration that the plaintiff is the head and ofo holder of the family of Ambrose Ejiafa Jilezi (Late) of Umuezelobe Ubalazu Amiri in Oru East Local Government Area within the jurisdiction of this Honourable Court in accordance with Amiri native law and custom.

(b) Declaration that the plaintiff being the only surviving son of late Ambrose Ejiafa Jilezi is the heir to his fathers property under Amiri native law and custom.

(c) Perpetual Injunction restraining the 2nd a…

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