Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



LABODE
V.
OTUBU & ANOR

(2001) JELR 44340 (SC)    

Supreme Court  ·  SC.172/1995 ·  2 Mar 2001 ·  Nigeria
 · 
Other Citations
Labode v. Otubu (2001) 7 NWLR (Pt.712) 256 (2001) 3 S.C 15
Labode v. Otubu (2001) 7 NWLR (Pt. 712) 256
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
statement of claim
defendants
reasonable cause of action
cause of action
high court of lagos state
court of appeal
title deed
civil procedure
writ of summons
calabar street
1st defendant
leading judgment
learned trial judge
mr. c. o. fadipe
present case
third party
c. o. fadipe
general damages
motion ex-parte
possession of the title deed
wrongful refusal
assignment of the property
essence of this action
ruling of the learned trial judge
said mr. c. o. fadipe
2nd respondents
basis of pledge
decision of the court of appeal
facts of the case
interlocutory appeal
judgment of the high court
lagos division
learned justice
mr.c. o. fadipe
necessary facts
order of the trial court
original owner of the said no.6
present case hold
previous solicitor c. o. fadipe
right of a true owner
see cole v
sic cause
true copies of the processes

UWAIS, CJN (Delivering the Leading Judgment): This is an interlocutory appeal from the decision of the Court of Appeal, Lagos Division. The appellant was the plaintiff in a suit brought in the High Court of Lagos State, sitting in Lagos; while the respondents were the defendants. The plaintiff's claim in the suit was for:

(a) An Order directing the defendants to surrender to the plaintiff forthwith the Original Land Certificate Title No. MO 9143 registered at the Lands Registry, Lagos and covering property lying, being and situate at No.6, Calabar Street, Surulere, Lagos.

(b) N100,000.00 being general damages against the defendants jointly and severally for the wrongful refusal to release to the plaintiff the said Land Certificate Title No. M09 413 ".

The writ of summons which was taken out on the 28th day of September, 1988 was accompanied with the statement of claim. A motion ex-parte was brought jointly, on the 21st day of December, 1988, by the defendants under Order 13 rule 2 of …

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