Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MOHAMMED
V.
KLARGESTER NIGERIA LTD

(2002) JELR 44612 (SC)    

Supreme Court  ·  SC.114/1995 ·  5 Jul 2002 ·  Nigeria
 · 
Other Citations
Mohammed v. Klargester (Nig.) Ltd.(2002) 14 NWLR (Pt.787) 335 (2002) 7 S.C (Pt.II) 1 (2002)50 WRN 1 SC
Mohammed v. Klargester (Nig.) Ltd. (2002) 14 NWLR (Pt. 787) 335
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
property
statement of claim
tudun wada
court of appeal
statement of defence
8th day of july
plaintiff's statement
said house
amended statement of claim
family house
chawai road
full purchase price
hearing of this case tender
leading judgment
official receipt of the purchase price
said contract of sale
certificate of occupancy no. kda
hearing of the case tender
issues
original copy of the said receipt
said property
trial court
findings of the courts
learned trial chief judge
original of the certificate of occupancy no.
own property
plaintiff company
respondent's pleading
specific performance of the said agreement
above measures
approval of consensus of other family members
close of trial
court.the facts of the case
decision of the learned chief judge
evidence of the plaintiff
high court of kaduna state
honourable court
interest of the appellant
irrefutable evidence
judgment of the learned trial chief judge
lead judgment of my learn brother ogwuegbu
plaintiff claims
relevant paragraphs
specific performance of the contract of sale
subject of inheritance

E. O. OGWUEGBU, JSC (DELIVERING THE LEADING JUDGMENT): On 30th June, 1987, the plaintiff company instituted an action leading to this appeal in the High Court of Kaduna State, Kaduna Judicial Division claiming the following reliefs from the defendant:

(a) Specific performance of the said agreement;

(b) Possession;

(c) A declaration that the certificate of occupancy No. KDA/A/002763 affecting and concerning the piece of land at K.20, Chawai Road, Tudun Wada, Kaduna, vests valid title to the land on the plaintiff;

(d) A perpetual injunction restraining the defendant, his agents, heirs and servants from interfering on the property; and

(e) The sum of 50,000.00 (Fifty thousand naira) only as damages for the trespass committed on the said property."

Pleadings were ordered, filed and exchanged and at the close of trial, the learned trial Chief Judge, (as he then was) entered judgment for the plaintiff as follows:

"1. Immediate possession of the house No. K.20 Chawai Road, Tudun Wada, Kadun…

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