Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2004) JELR 45039 (SC)    

Supreme Court  ·  SC.249/2000 ·  30 Jan 2004 ·  Nigeria
Other Citations
Ibrahim v. Ojomo (2004) 4 NWLR (Pt.862)89 (2004) 1 S.C (Pt II) 136 (2004) 11 W.R.N 1 S.C
Ibrahim v. Ojomo (2004) 4 NWLR (Pt. 862) 89
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
former administrators
doherty street
learned trial judge
administration of estates law
trial court
equitable interest
grounds of appeal
learned justices of the court of appeal
estate account
leading judgment
mrs. adejoke delano
said properties
trial judge
judgment of the court of appeal
real estate of a deceased person
such personal representatives
facts of the case
lead judgment
plaintiffs' case
plaintiffs' claim
virtue of section
3rd personal representative
above passages
administration of estates law of lagos state
administration of the said property
administratrixes of the said properties
agreement exhibit d1
agreement exhibit d11
consent of the family
court of appeal lagos division
due respect
edozie jsc
finding of the court
first issue
imo state environmental sanitation authority
lagos high court
laws of the lagos state
learned justices of court of appeal
long term lease
mr. olusola cole
order of the high court
personal property of the estate
present administrators
real issues
said land
second issue
tenants of the estate

EDOZIE JSC (DELIVERING THE LEADING JUDGMENT): The respondents herein were the plaintiffs at the Lagos High Court in suit No. LD/1929/90 where they claimed against the appellant as defendant as per the further amended statement of claim dated 31st March, 1992, and the amended writ of summons dated 15th April, 1992, the following reliefs:

"(a) The sum of six million naira being special and general damages for trespass committed by the defendant on their properties at Nos. 42 and 44 Doherty Street, Lagos.

(b) Perpetual injunction restraining the defendant and their agents or privies from further committing any acts of trespass on the said land or intermeddling with the administration of the said property.

(c) An account of all monies collected from the various tenants in the said properties from 1st July, 1987."

The defendant in his further amended statement of defence denied the plaintiffs' claim. At the trial each party called witnesses to substantiate its claim or defence. From the pleadi…

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