Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2001) JELR 44268 (SC)    

Supreme Court  ·  SC.15/1996 ·  27 Apr 2001 ·  Nigeria
Other Citations
Eke v. Okwaranyia (2001) 12 NWLR (Pt.726) 181 (2001) 4 S.C (Pt.II) 71
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
statement of claim
statement of defence
lower court
court of appeal
learned trial judge
ancient trench
juju forest
ibekwe rain juju
issue of fact
denman c j
judgment of the trial court
leading judgment
order of seniority
parcels of land
said land
such inadequate joinder of issues
ancestor okohia
award of inclosure commissioners
chief rain-making juju priest of the plaintiffs
circumstance manifest
cross appellants
essence of joinder of issues
evasive denial of the issues
exhibit a
following observation
high court of imo state
judgment of the court of appeal
land ohia ibekwe
main reasons of the lower court
major points
members of the defendants
others of the statement of claim
portion of ala oforo
portion of another called ala oforo
proper traverse
relevant paragraphs of the statement of defence
resolution of the above stated issues
respect of a land dispute
said ohia ibekwe land
said rain juju
satisfaction of the court
traditional histories of both parties
umuokwaraku family

UWAIFO, JSC (Delivering the Leading Judgment): This appeal is from a judgment of the Court of Appeal, Port Harcourt Division delivered on 28 June, 1995. The case originated in the High Court of Imo State holden at Orlu. It is in respect of a land dispute between two families: namely, Umuokwaraku family (as plaintiffs) and Umuduruohome family (as defendants). The plaintiffs call the land Ohia Ibekwe. The defendants however say that two parcels of land are involved which they call Ala Ohia Ibekwe and a portion of Ala Oforo. On 21 October, 1985, the plaintiffs took out a writ of summons to commence this action. The reliefs eventually sought in the statement of claim were for:

"(a) Declaration that the plaintiffs are entitled to the Customary or Statutory Rights of Occupancy to the said Ohia Ibekwe land in dispute shown in plaintiffs' Plan No. DS4305/1M2291/85 filed with this statement of claim and of an annual value of about ₦10 (Ten Naira).

(b) ₦1,000 (one thousand Naira) as general dam…

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