Ratio DecidendiRatio DecidendiRatio Decidendi


(1972) JELR 44396 (SC)    

Supreme Court  ·  SC.290/1971 ·  24 Mar 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 211 (1972) 3 S.C. 120
IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
western state court of appeal
learned trial judge
statement of claim
lands registry
2nd february
illiterate person
register of deeds
presence of a magistrate
federal supreme court
judgment of the western state court of appeal
matter of law
number of grounds
suit no.
26th october
basis of the said mortgage
beneficial owner of the property
better appreciation of the issue
companies act
date of the execution of the deed
exhibit a
high court
judgment of the western state of court appeal
land instrument registration law
laws of the western state
leading judgment
number of issues
objection of the learned counsel
only live issue of fact
opening of the case
order of the high court of ibadan
provisions of the land instruments registration law
purported registration of the deed of conveyance
purpose of this appeal
rejected document
statement of defence of material relevance
state of affairs
such registration
terms of his claim
time of execution of the mortgage
trial of the case
trial of this action
udo udoma
wrong decision

UDO UDOMA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Western State Court of Appeal reversing the judgment and order of the High Court of Ibadan (Aguda, J.) ,wherein the plaintiff, herein appellant, was granted a declaration in terms of his claim against the defendants, now respondents.

The plaintiff instituted in the High Court, Ibadan, suit No. 1/57/68 claiming against the defendants as endorsed on his writ of summons:

"A declaration that the purported registration of the deed of Conveyance dated 2nd February, 1961, and registered as No. 6 at page 6 in Volume 430 of the Register of Deeds kept in the Lands Registry at Ibadan is illegal and null and void and of no effect."

Pleadings having been ordered were duly filed and delivered. Having regard to the complaints of the appellants in this appeal and since a number of issues would appear to have been settled on the pleadings, for the better appreciation of the issue in controversy between the …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login