Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EMECHETA
V.
OGUERI & ANOR

(1997) JELR 45447 (CA)    

Court of Appeal  ·  CA/PH/47/92 ·  21 May 1997 ·  Nigeria
 · 
Other Citations
Emecheta v. Ogueri (1997) 8 NWLR (Pt.516)
Emecheta v. Ogueri (1997) 8 NWLR (Pt. 516) 323
CORAM
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria RAPHEAL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
issue
learned trial judge
law
2nd respondent
locus standi
exhibit
record of proceedings
respondents
second respondent
statement of defence
2nd defendant
lead judgment
exhibit c
first respondent
property no.
1st defendant
senior advocate of nigeria
statement of claim
exhibit g
abia state
brief of argument
leading judgment
second defendant
1st defendant of property
aba high court
aba part of the property
above authorities
appellant lacks locus standi
authenticity of exhibit
balance of the proceeds of sale
brief of legal argument of the appellant
concept of the conveyancing act
exhibit b
exhibit f. see page
facts of this case
finding of the trial court
following cases
f.s.c
imo state
notice of appeal
public auction
purported sale of the property
reserved judgment
said balance of the auction
sale of a mortgaged property
sale of any land

ROWLAND, JCA (Delivering the Leading Judgment): The appellant as plaintiff took out this action against the defendants (now respondents) jointly and severally, at the Aba High Court. The claims of the plaintiff as contained in paragraph 18 of the Statement of Claim were as follows:-

"(a) A declaration that the purported sale of the property registered as 84/84/626 Enugu (now Owerri) by the 2nd defendant to the 1st defendant by public auction is null and void.

(b) An injunction restraining the 1st defendant and/or his agents from ejecting the plaintiff from her residence at No. 26 Okigwe Road, Aba part of the property registered as 84/84/626."

Pleadings were ordered, filed and duly exchanged by the parties to the suit. At the hearing, the plaintiff who gave evidence, tendered some documents and called one witness. The defendants, also, gave evidence at the hearing and tendered some documents. After hearing the parties and their counsel, Jonah Johnson J., in a reserved judgment delivere…

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