Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2001) JELR 44364 (CA)    

Court of Appeal  ·  CA/E/129/2000 ·  6 Jun 2001 ·  Nigeria
Other Citations
Ifejika v. Oputa (2001) 11 NWLR (Pt.725)583
Ifejika v. Oputa (2001) 11 NWLR (Pt. 725) 583
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
cause of action
personal action
present respondent
actio personalis moritur
instant case
late mother
supreme court
circumstances of this case
defence counsel
high court rules of anambra state
latin maxim
leading judgment
learned trial judge
new points
place of her late mother
reply brief
trial court
above cases
above issue
application of veronica abiana oputa
death of a plaintiff
following cases
good starting point
ground of appeal
grounds of appeal
high court
inter alia
learned counsel
learned trial judge of the court
legal arguments
matter of fact hearing
only controversial issue
physical injury
present position
ruling of the high court of anambra state
said suit
substitution of the deceased plaintiff
suit no.
suit of the original plaintiff
totality of respondent
twin brothers
wherefore plaintiff claims

AKPABIO, JCA (Delivering the Leading Judgment): This is an appeal against a ruling of the High Court of Anambra State of Nigeria holden at Onitsha, Coram Keazor, J. in Suit No. 0/522/95, delivered on 18th November, 1999, wherein he granted the application of Veronica Abiana Oputa and substituted her as the plaintiff in place of her late mother, Agnes Mensah, now deceased, who was the plaintiff in the said suit with no order as to costs.

In the suit of the original plaintiff (Agnes Mensah) at the court below the claim against Daniel Ifejika, then the defendant (but now the appellant) was as follows:-

"19. Wherefore plaintiff claims:-

(i) Declaration that the defendant is not entitled to maintain the borehole in his premises where same has been sited as the vibration and noise emanating therefrom constituted nuisance to the plaintiff's occupation and use of her premises.

(ii) An injunction to restrain the defendant by himself, his servants or agents or otherwise howsoever from causing n…

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