Ratio DecidendiRatio DecidendiRatio Decidendi


(1976) JELR 49327 (SC)    

Supreme Court  ·  SC.249/1975 ·  8 Oct 1976 ·  Nigeria
Other Citations
IGBODIM & 2 ORS. v. OBIANKE & 2 ORS. (1976) 9-10 S.C. (REPRINT) 108
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
supreme court
admissible evidence
amended statement of defence
documentary evidence
high court
ika division
exhibits d-d8
suit no. w
amended statement of claim
boundary line
exhibits c-c6
exhibits j
following witnesses
grounds of appeal
probative value
western region
appropriate high court
attached plan exhibit
benin judicial division of the high court of justice
case file
chief okoh ogbomo
claim of the plaintiffs
death of the original plaintiffs
documentary exhibits
document exhibit s
evidence of the above witnesses
exhibits d
exhibits g
face of exhibits
george arinze obianwu p.w.1
high court of agbor judicial division
high court of justice
leading judgment
obedoya ekomwen omoregie d.w.
particular attention
people of owa ekei
proper evidence of any special damage
p.w.5 farmer
record of proceedings
records of this case
relevant facts
relevant paragraph of the respective pleadings
such statement
western region of nigeria
western state
whole land

A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): We allowed this appeal on the 7th day of June, 1976, and now give our reasons:

The writ of summons by which the proceedings in this matter were commenced was issued out of the Benin Judicial Division of the High Court of Justice, Western Region of Nigeria on the 24th day of May, 1961. When the Mid-Western Region was created in 1963, the action was continued in the High Court of Justice, Mid-Western Region to hearing and determination on 21st February, 1966. Being dissatisfied with the judgment of the High Court of the Benin Judicial Division, the plaintiffs appealed to the Supreme Court. The Supreme Court on the 14th day of July, 1969, allowed the appeal and remitted the case to the High Court of Mid-Western State for hearing de novo by the appropriate High Court. The case was then listed in the High Court of Agbor Judicial Division and after amendment of pleadings, it came up for hearing before Aghoghovbia, J. Following the…

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