Ratio Decidendi



FAKOREDE & ORS.
V.
AG WESTERN STATE

(1972) JELR 45194 (SC)    

Supreme Court  ·  SC.191/1970 ·  10 Mar 1972 ·  Nigeria
 · 
Other Citations
FAKOREDE & ORS. v. A. G. WESTERN STATE (1972) 3 S.C. (REPRINT) 77
CORAM
ADETOKUNBO ADEMOLA Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiffs
land
1st defendant
3rd defendants
suit no.
deed of lease
defendant
8th august
certificate of title
learned trial judge
high court
suit no. i
western state court of appeal
date of judgment
ibadan district council
said land
tenancy of the government of western nigeria
acres of land
annual rent
claim of the plaintiffs
government of nigeria
judgment of the western state court of appeal
original statement of claim
terms of the deed of lease
21st august
2nd respondent
application of the plaintiffs
delivery of the statement of defence
exhibit e
facts of the case
government acquisition b
grant of the certificate of title
joint owners
judgment of the high court
leading judgment
learned counsel
old government acquisition no. b
order of the court
original claim of the plaintiffs
parcel of land
payment of annual rent
pleadings iled
previous case
said deed of lease
said judgment
subject matter of acquisition
subject matter of this appeal
title of the crown
whole length
whole of the proceedings

UDO UDOMA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Western State Court of Appeal dismissing an appeal against the judgment of the High Court, Ibadan, (Ayoola, J.) and affirming the said judgment. The appeal arose out of Suit No. I/110/65 in the High Court, wherein the claim of the plaintiffs, herein appellants, against the defendant, now respondent, was for a declaration that the plaintiffs are not bound by the terms of the Deed of Lease, the particulars of the registration whereof would be set out hereafter, and that the plaintiffs are entitled to determine the tenancy of the Government of Western Nigeria by six months' notice given in that behalf.

The facts of the case as found by the learned trial Judge have been fully and clearly summarised by the Western State Court of Appeal in its judgment. Normally, it would not have been necessary for us to travel through the whole length again, but in view, however, of the issues canvassed before …

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