Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2013) JELR 46178 (CA)    

Court of Appeal  ·  CA/L/770/08 ·  29 Nov 2013 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
exhibit d1
possession of the land
trial court
valid contract
contract of sale
due process of law
1st instalment
amended statement of claim
statement of claim
trial judge
valuable consideration
exhibits d6
supreme court
24th day of march
exhibit p7
judgment of obadina j. of the high court
lagos state
lands registry lagos
large piece
local government area of lagos state
paras e-b
parcel of land
permission of the respondent
statement of defence
agreed 1st instalment
agreed terms of the contract
cheque of ngn2,100,000.00
cover letter
declaration of statutory right of occupancy parcel
final result
high court of lagos state
leading judgment
no.13 page
payment of the consideration
purchase price of ngn3,100,000.00
statute bar
valid contract of sale of the land
verification of the title of the respondent

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Obadina J. of the High Court of Lagos State in suit no. ID/2146/99 delivered on the 24th day of March 2004 granting in part the reliefs claimed by the plaintiff/Respondent.

The Respondent who was the plaintiff in the court below owns a large piece or parcel of land at Block N12 Ogudu G.R.A. in Kosofe Local Government Area of Lagos State covered by Certificate of Occupancy dated the 7th day of February 1979 and registered as No.13 page 13 Volume 1800 of the Register of Deeds at the Lands Registry Lagos. The Appellant who owns the adjacent plot met the Respondent in 1988 after he had written several letters to him offering to buy the land but the Respondent refused to sell. The Appellant then sought the permission of the Respondent to park his vehicles on the land which permission the Respondent granted and the Appellant then erected a fence to secure his vehicles.

In 1998, the A…

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