Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MADU
V.
MADU

(2002) JELR 57815 (CA)    

Court of Appeal  ·  CA/A/22/2000 ·  12 Apr 2002 ·  Nigeria
CORAM
MUHAMMAD S. MUNTAKA-COOMASSIE, JCA (Presided) ZAINAB A. BULKACHUWA, JCA (Read the Lead Judgment) ALBERT GBADEBO ODUYEMI, JCA

Ratio Decidendi

Core Terms Beta
trial court
name of the respondent
allottee of the plot
disputed land
case of the defendant
result of the circumstances
photocopies of the original documents
possession of the appellant
immediate possession of the said certificate of occupancy
said plot
personal property
name of the plaintiff
certificate of occupancy no. fct
learned trial judge
lead judgment
following issues
registrar of the trial court
respondent
grounds of appeal
lower court
order of perpetual injunction
evidence of the appellant
resulting trust
considered judgment
statement of defence
plaintiff
land
such vital issue
said circumstances
relevant documents
respect of the plot
name of his former wife
statement of claim
favour of the plaintiff
defence of the defendant
subsistence of their marriage
defendant
respect of the disputed land
purchase price
evidence act
evidence
necessary allocation fees
appellant
personal money
respondent’s first issue covers grounds
better understanding
respect of the disputed land exhibits d1
sufficient length of time
rightful owner

BULKACHUWA, JCA (Delivering the Lead Judgment): By a writ of summons dated the 30th day of April, 1998, the respondent as plaintiff initiated this action before the trial court and claims as per paragraph 13 of her statement of claim the following reliefs:- Declaration that the plaintiff is the owner/allottee of the plot covered by Certificate of Occupancy No. FCT/ABU/AN.2685.

Declaration that the plaintiff is entitled to immediate possession of the said Certificate of Occupancy. An order of perpetual injunction restraining the defendant from further trespassing into the said plot.

₦5 million general damages for trespass, alternatively ₦5 million general damages for waste.

The respondent testified as the PW1 and called no other witness and her testimony was to the effect that she married the appellant in 1976 in West Germany and they separated in 1993. That in 1990 she applied to the FCDA for a plot which application was approved and plot 327 Wuse II Abuja was allocated to her, but 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