Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NATIONAL BANK OF NIGERIA LTD. & WEMABOD ESTATES LTD.
V.
ALAKIJA & ANOR.

(1978) JELR 44463 (SC)    

Supreme Court  ·  SC.139/1976 ·  13 Oct 1978 ·  Nigeria
 · 
Other Citations
NATIONAL BANK OF NIGERIA LTD. & ANOR. v. ALAKIJA & ANOR. (1978) 9-10 S.C. (REPRINT) 42
CORAM
GEORGE SODEINDE SOWEMIMO JSC CHUKWUNWEIKE IDIGBE JSC KAYODE ESO JSC

Ratio Decidendi

Core Terms Beta
case
plaintiffs
first plaintiff
learned trial judge
originating summons
grounds of appeal
1st defendant
1st plaintiff
2nd defendant
first question
united kingdom rules
ground of appeal
high court
learned judge
old supreme court rules
instrument of transfer
said property
such trustee
trial court
affidavit of samson olatunde banjo
rules of court
said james george
suit no. m
above matter
above questions
application of the plaintiffs
assignees of the first defendant
circumstances of the present case
civil procedure rules
date of commencement
determination of the court
dr. f.a. ajayi
entire estate
following questions
high court of lagos
honourable court
learned trial judge rules
lease of the said property
life time
orders of court
probate of his last will
relevance of order
said term of years
service of this summons
share of the 1st plaintiff
subject-matter of this action
supreme court
trustee of my father


KAYODE ESO, J.S.C. (Delivering the Leading Judgment): The plaintiffs, in Suit No. M/146/72, took out an originating summons in the High Court of Lagos, against the defendants, as follows-

"LET the defendants within 8 days after service of this summons on each of them, inclusive of the day of service cause an appearance to be entered to this summons, which is issued on the application of the plaintiffs, Lady Ayodele Alakija and Mrs. Olakunle Ojo 26, Moloney Street, Lagos."

By this summons the plaintiffs seek the determination of the court on the following questions, namely:-

"1. Whether the lease dated 30th April, 1955 between the 1st plaintiff of the one part and the 1st defendant of the other part is valid.
2. If the answer to the first question is in the affirmative, whether the lease aforesaid conferred on the 1st defendant as from the date of commencement thereof the entire estate in the term of years intended to be created thereby or only one half share (being the share of the 1s…
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