Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44778 (SC)    

Supreme Court  ·  SC.64/97 ·  31 Jan 2003 ·  Nigeria
Other Citations
Gowon v. Ike-Okongwu (2003) 6 NWLR (Pt.815)38 (2003) 1 S.C (Pt.III) 57 (2003) 1 S.C (Pt.III) 57
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
statement of defence
cause of action
general yakubu gowon
original action
fresh cause of action
amended statement of defence
learned trial judge
mrs. edith i. ike-okongwu
true tales publications limited
upkeep of the 2nd plaintiff
appeal fails
date of judgment
lower court
mr. musa gowon
native law
paternity of the 2nd plaintiff
school fees of the 2nd plaintiff
16th day of october
1st plaintiff of the sum
2nd plaintiff of the sum
a. i. katsina-alu
considered view
enlargement of time
entire agreement
inclusion of a counter-claim
instance of the defendant
judgment of the lagos division of the court
leading judgment
m. e. ogundare
m. l. uwais
mrs. edith i.ike-okongwu
order of injunction
original action claim
present case
process of settling pleadings
said judgment
s. u. onu
view of the age of the substantive action
wrong decision

A. I. KATSINA-ALU, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal from the judgment of the Lagos Division of the Court of Appeal delivered on 10th August, 1993. The appeal arises out of an action which was brought by Mrs. Edith I.Ike-Okongwu and Mr. Musa Gowon against the defendant, General Yakubu Gowon in which they claimed as follows:

"1. DECLARATION that the 2nd plaintiff's paternity has been acknowledged by the defendant in accordance with the Native Practice in Nigeria and/or practice under Native Law and Custom of Pankshin people of Pankshin Local Government Area where the defendant comes from.

2. DECLARATION that the statement contained in letter dated 16th day of October, 1987 written at the instance of the defendant (by his solicitors) to the Editor of Prime People Magazine is untrue.

3. DECLARATION that the defendant is estopped from denying paternity of the 2nd plaintiff whose paternity he has acknowledged in accordance with Native law and custom of Pankshin peopl…

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