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EZEANAH
V.
ATTA

(2004) JELR 45034 (SC)    

Supreme Court  ·  SC.226/2000 ·  27 Feb 2004 ·  Nigeria
 · 
Other Citations
Ezeanah v. Atta (2004) 7 NWLR (Pt. 873)468 (2004) 2 S.C. (Pt II) 75 (2004) 17 NSCQR 615
Ezeanah v. Atta (2004) 7 NWLR (Pt. 873) 468
CORAM
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
respondent
evidence
certificate of occupancy
learned trial judge
court of appeal
application form
issue of marriage
promise of marriage
high court
legal result
marriage agreement
said plot
cross-appeal
cross-examination
evidence of dw1
better position
conditions of the gift of the said property
decision of the high court
federal capital territory
finding of the court of appeal
following reliefs
furtherance of the marriage agreement
leading judgment
learned justices of the court of appeal
mandatory order
matrimonial causes act
resulting trustee
submission of counsel
trial judge
application fee
burden of proof
claim of title
counter claim
ethos of a given society
file no. dt291
finding of fact
following issue
following issues
long line of other decided authorities
mere fact
point of view of the appellant
respect of the property
statement of claim
times law reports
vide exhibits b

TOBI, JSC (Delivering the Leading Judgment): The appellant and the respondent were in love, or should I say were in some romance. The appellant was the plaintiff in the High Court. The respondent was the defendant. I do not know when the love or romance started. It could be in 1991. It could be earlier. It could be later. Paragraph 3 of the statement of defence seems to say 1991. The appellant said in her evidence that it was in 1993. Let me not attempt to settle that quarrel. I have more serious quarrels to settle. After all, the date of the love or romance is not really important. The important thing is that things started falling apart. When, I do not know. But I think the affair packed up in 1998. Appellant said so. She said she got married in 1998; not to the respondent. When the relationship was on, appellant went to England in 1994 for further studies. The respondent was in Nigeria. He made the London visits. It would appear the love or romance continued when the appellant was …

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