Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ELOICHIN (NIGERIA) LTD & ORS
V.
MBADIWE

(1986) JELR 44573 (SC)    

Supreme Court  ·  SC.54/1981 ·  10 Jan 1986 ·  Nigeria
 · 
Other Citations
Eliochin Nig Ltd v Mbadiwe (1986) 1 NWLR (Pt.14)47 (1986) All N.L.R 1 (1986) 1 S.C. 99
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
premises
exemplary damages
court of appeal
plaintiffs
3rd plaintiffs
law
appeal
1st plaintiff
2nd plaintiff
general damages
3rd plaintiff
issue of damages
plaintiff
high court
award of exemplary damages
federal court of appeal
rent control law
director of the company
high court of lagos
british west african corporation
decision of the house of lords
grounds of appeal
chief green mbadiwe
findings of the high court
learned trial judge
limited liability company
nigerian cotton board
trial high court judge
wife of the 2nd plaintiff
amended statement of claim
case of this nature
claims of the plaintiffs
common law jurisdictions
course of the hearing of this appeal
cross-examination of mbanefo
failure of appellants
fair trial
following terms
justice of this case
lagos state
leading judgment
little doubt
original defendant
possession of the company
proper order
question of exemplary damages
said decision of the court of appeal
said defendant
tenant situation

ANIAGOLU, JSC (Delivering the Leading Judgment)- This appeal has come from the Court of Appeal, Lagos. The Respondents were the plaintiffs before the High Court of Lagos in a suit, filed on 12th April 1976, in which they joined to claim a sum of ₦250,000.00. "as exemplary damages for trespass committed by the said defendant on the premises, goods and household effects (sic) of the plaintiff (sic) at No. 1 Goriola Street, Victoria Island, Lagos"

They also claimed an injunction. The original defendant was Chief Green Mbadiwe. Following his demise, Victor Ngozi Mbadiwe was substituted as the defendant. The Claim was finally settled in an amended statement of claim in which

(i) the 1st plaintiff claimed ₦100,000.00 exemplary damages for trespass to the premises;

(ii) the 2nd plaintiff claimed ₦50,000.00 exemplary damages for trespass to his goods; while

(iii) the 3rd plaintiff claimed ₦500,000.00 exemplary damages for trespass to her own goods.

It is necessary to emphasize, having re…

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