Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2001) JELR 44285 (SC)    

Supreme Court  ·  SC.91/1995 ·  14 Dec 2001 ·  Nigeria
Other Citations
Ejuetami v. Olaiya (2001) 18 NWLR (Pt.746) 572 (2001) 12 S.C (Pt.II) 175
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
legal estate
1st defendant
second defendant
learned trial judge
better right
law reform
oba akran avenue
purchase of the property
breach of contract
law of lagos state
respect of the property
leave of court
statement of claim
written agreement
acquisition of the prior equitable estate
claims of the plaintiff
judgment of the trial court
owner of a prior equitable interest
possession of the said premises
briefs of argument
consideration of this appeal
counterclaims of the appellant
end of the trial
first issue
first submission
following grounds
following issues
following orders
ikeja district of lagos state
judgment of the lagos division of the court
knowledge of the defendant
leading judgment
letters exhibits p-u
orders of the trial court
part of the agreement
possession of the whole dwelling house
question of the applicability of subsection
receipt of these documents
said defendant
said notice
subsequent equitable interest
support of their respective cases
vendor mr. akaba
writing of his intention

EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos Division of the Court of Appeal. The action was commenced by B.O. Olaiya as the plaintiff. But after his death, this court ordered that the appeal be continued by the substitution of his wife, Mrs. B.O. Olaiya in place of her deceased husband.

The events that culminated in this appeal commenced when the late B.O. Olaiya instituted proceedings by a writ of summons against the appellant to take possession of the whole dwelling house situate at No. 38 Oba Akran Avenue, Ikeja. This was followed by a statement of claim. Upon the receipt of these documents, the appellant then filed a counterclaim. And with the leave of court the appellant amended the original writ of summons and statement of claim. The appellant also with leave of court amended his pleadings. The case was eventually tried on the basis of the amended writ of summons and pleadings, which were amended and further amended by the…

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