Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2004) JELR 45079 (CA)    

Court of Appeal  ·  CA/L/131/2002 ·  20 May 2004 ·  Nigeria
Other Citations
Mudashiru v. Persons Unknown (2006) 8 NWLR (Pt. 982) 267
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria CHRISTOPHER M. CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
existing law
learned counsel
repealed law
amended statement of claim
civil procedure
mere irregularity
trial court
2nd respondent
high court of lagos state
judicial review
3rd-6th respondents
proper procedure
way of writ of summons
2nd defendant
appellant's claim
leading judgment
repealed statute
town planning authority
writ of summons
lagos state
ruling of the trial court
statement of claim
supreme court
view of the reliefs
3rd-6th defendants
abuse of process of the court
administrative function of the 2nd respondent
behalf of 2nd respondent
brief of argument
building plan
complete agreement
existing statute
harold shodipo crescent g.r.a.
ikeja high court
instant appeal
learned director of civil litigation
number of reliefs
provisions of the law
public duties
reasonable cause of action
regulations of lagos state
said buildings
said leading judgment
trial judge

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant sued the respondents in Ikeja High Court seeking a number of reliefs by her amended writ of summons and amended statement of claim dated 31st May, 2001. She claimed against the respondents as follows:

"a) A declaration that development and structure at Plot 26, Harold Shodipo Crescent G.R.A., Ikeja, Lagos contravene the Town and Country Planning (Building Plan) Regulations of Lagos State;

b) An injunction to restrain the 3rd-6th defendants by themselves or by their contractors, servants or workmen or otherwise howsoever from continuing to erect the buildings so as to be a nuisance to the plaintiff and to obstruct or diminish the air space and access of light to the plaintiff's house;

c) An order of mandamus directed to the 2nd defendant to cause the Town Planning Authority to demolish or give orders for the demolition of the buildings on the property located at Plot 26, Harold Shodipo Crescent G.R.A. Ikeja, Lagos forthwith…

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