Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



JABITA
V.
ONIKOYI

(2004) JELR 57855 (HC)    

High Court  ·  LD/513/04 ·  15 Sep 2004 ·  Nigeria

Ratio Decidendi

Core Terms Beta
rule
rules
order
4th defendants
main suit
front-loading
counter-claimants
statement of claim
considered view
copies of every document
new rules
provisions of order
written statement
2nd claimant
final judgment
statement of defence
written address
abuse of court process
court’s file
final judgement
order of court
pleadings of the parties
plots of land
requirements of the new rules
4th defendants’counter
active case management of the dispute
alienation of family property
behalf of the claimant
civil procedure
commencement date
directions of this court
early stage of its operation
forms part of the bigger land
front loading provisions
high court of lagos state
high court rules
honorable chief judge
lagos state government
legal presentation of the respective parties
n. a. dabiri of counsel
onikoyi chieftaincy
open court
otunba abdul ganiyu onikoyi
renowned chieftaincy family of lagos
respect of a motion
said motion
survey plan no. gf1558
survey plan no. ls
tool of case management
trial of disputes

CANDIDE-JOHNSON J. (DELIVERING THE RULING): This ruling is in respect of a motion by the 3rd and 4th defendants/counter-claimants dated 28th June, 2004, seeking the following three (3) reliefs:

“1. An order dismissing this suit as it discloses no reasonable cause of action.

2. An order dismissing this suit as an abuse of court process.

3. To enter final judgment as per 3rd and 4th defendants’counter- claim.”

Further to the proceedings in open court on 6th July, 2004 and the directions of this court pursuant principally to the provisions of Order 5, Rule 1(1) and (2) of the new 2004 High Court of Lagos State (Civil Procedure) Rules, the legal presentation of the respective parties was formally resolved by order of court to reflect Mr. Bashua for claimants, P. O. Jimoh Lasisi SAN for 1st, 2nd and 6th defendants and N. A. Dabiri, Esquire for 3rd and 4th defendants.

Accordingly, on 14th July, 2004, N. A. Dabiri of counsel to 3rd and 4th defendants, notified this court that he had complied wit…

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