Ratio DecidendiRatio DecidendiRatio Decidendi


(1978) JELR 39007 (SC)    

Supreme Court  ·  SC.372/1976 ·  28 Apr 1978 ·  Nigeria
Other Citations
MOGAJI & ORS. v. ODOFIN & ORS. (1978) 4 S.C. (REPRINT) 53 65
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
trial judge
imaginary scale
totality of the evidence
civil case
declaration of title
weight of evidence
said land
set of facts
4th defendants
a. fatayi-williams
cardinal rule of law
commendable frankness
conflicting evidence
course of the arguments
duro ogunkehin
evidence showing
first set of defendants
grounds of appeal
high court
high court of lagos state
leading judgment
learned judge
number of witnesses
order of retrial
pieces of land
plaintiff claim
recovery of possession
reserved judgment
scale of justice
similar case
specific findings of fact
support of that case
support of the ground of appeal
time head of the plaintiffs
view of this extraordinary procedure

A. FATAYI-WILLIAMS, JSC (Delivering the Leading Judgment): In these proceedings commenced in the High Court of Lagos State sitting at Ikeja, the plaintiffs claimed against the defendants -

(a) declaration of title to all those pieces of land situate at Ikosan, in Epe

(b) injunction to restrain the first set of defendants and their servants and agents from unlawfully entering the said land; and

(c) possession of the several holdings on the said land unlawfully occupied by the 3rd and 4th defendants.

After pleadings had been ordered and duly delivered, the learned trial Judge heard evidence from both sides. In a reserved judgment, he found for the plaintiffs with respect to their claim for declaration of title to the land in dispute and for injunction. Being dissatisfied with this judgment the plaintiffs have now appealed. Nineteen grounds of appeal were filed but the only one argued was the general ground in which the defendants/appellants complained that the judgment is against the we…

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