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



MBANEFO
V.
MOLOKWU & ORS

(2014) JELR 40256 (SC)    

Supreme Court  ·  SC.238/2008 ·  14 Feb 2014 ·  Nigeria
CORAM
JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
respondents
evidence
issues
court of appeal
trial court
agbalanze onitsha constitution
fair hearing
1st respondent
disciplinary actions
indigenous community
statement of claim
obi of onitsha
learned trial judge
exhibit a
exhibits
breach of any ozo rules
entire community
kindred group
ozo title ceremonies
3rd respondent
action of his purported ostracism
act of temporary banishment
constitutional rights of freedom of association
constitution of the agbalanze society of onitsha
court holds
decision of the trial court
dispassionate appraisal of the judgment of the judge
exhibit b
exhibit c
following processes
full hearing
given time
good order
harmony of the community
high court
high court of anambra state
interest of public order
leading judgment
matter of disciplinary action
mr. chudi obieze
mr. chudi obieze of counsel
native court suit no.
regular member of agbalanze society of onitsha
said constitution
said mortune
salient parts of the judgment of the court
strength of his own case
supreme court

MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): The Appellant as Plaintiff in Suit No. 0/1/2005 in the High Court of Anambra State sitting in Ihiala sued the Respondents as Defendants. That High Court per Anigbogu J dismissed the suit as lacking in merit. Dissatisfied with the decision, the Appellant appealed to the Court of Appeal, Enugu Division which on the 8th July, 2008 after a full hearing dismissed the appeal hence the appeal before the Supreme Court.

FACTS RELEVANT TO THE APPEAL:

The Appellant as Plaintiff had claimed as follows in the

Statement of Claim:-

"a) A declaration that the Defendants do not have the authority and power to stop the Plaintiff from participating in Ozo Title ceremonies and from enjoying his rights and privileges as an Ozo titled man at every Ozo title ceremony so long as he is not in breach of any Ozo rules and the Agbalanze Onitsha Constitution.

b) An order restraining the Defendants, their agents, privies, workmen and assigns whether b…

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