Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1982) JELR 46397 (SC)    

Supreme Court  ·  SC.41/1981 ·  14 May 1982 ·  Nigeria
Other Citations
(1982) All N.L.R 75 Elias v. Omo- Bare (1982) 5 S.C. 13
UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
deed of conveyance
learned trial judge
declaration of title
statement of claim
federal court of appeal
licensed surveyor
aina ose
exhibit a.
plan of the land
first question
lands registry
present case
such evidence
direct evidence
exhibit a
parcel of land
portion of the said land
possession of the said land
said land
subject matter of the suit
alhaji lubrila aromire
course of his evidence
course of this judgment
cross-examination of the respondent
dabiri j. evidence
evidence of the boundaries of the land
following terms
grounds of appeal
high court of lagos state
ibadan.the appellant
invitation of the learned trial judge
judgment of the learned trial judge
large area of land
leading judgment
plan of the said land
production of the plan of the land
rules of the high court of lagos state
said property
suit no. ik
support of their respective cases
udo udoma
view of the controversy
view of the fact
virtue of a deed of conveyance
weight of evidence

UDO UDOMA, JSC (Delivering the Leading Judgment): In SUIT No. IK/312/71 in the High Court of Lagos State the plaintiff, herein appellant, claimed against the defendant herein respondent, as follows:

"(1) A declaration that the plaintiff is the owner in fee simple or alternatively under native law and custom of the piece or parcel of land situated lying and being at Isheri road, Ikeja district a plan of which is attached to the plaintiff's deed of conveyance dated 5th January, 1962 and registered as No. 23 at p. 23 in volume 528 of the Lands Registry at Ibadan.

(2) An injunction restraining the defendant, his servants or agents from committing or further committing any act of trespass on the said land.

(3) Possession of the said land."

In paragraphs 1 and 2 of the statement of claim filed and delivered, the appellant pleaded in the following terms, which must be here be set out in full in view of the controversy in this appeal:

"(1) The land in dispute is a large area of land situate, …

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