IFEJIKA
V.
OPUTA

(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

CORAM

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

nuisance

plaintiff

court

action

case

appeal

cause of action

counsel

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

e-f

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…

IFEJIKA V. OPUTA

IFEJIKA
V.
OPUTA