Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NELSON-MOORE & ANOR
V.
MEDICINE PLUS LTD & ANOR

(2014) JELR 39710 (CA)    

Court of Appeal  ·  CA/L/486/2013 ·  21 Nov 2014 ·  Nigeria
CORAM
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
summons
appellants
lower court
plan no. ls
saka tinubu street
1st defendant
1st respondent
victoria island
4th defendant
deed of assignment
learned trial judge
record of appeal
originating summons
title no. lo
lagos state land registry
order of this honourable court
plots 1282a
support of the originating summons
survey plan no. ls
first respondent
lagos state high court
2nd defendant
2nd respondent
pillar numbers s
substantial dispute of fact
substantial dispute of facts
appellants brief of argument
area of that portion of plot
area of the said portion
counsel ogochukwu mbamalu
counsel olumuyiwa f. owoturo
determination appellants
discretion make reference
enabling instrument
exercise of her discretion
following questions
instrumentality of plan no. ls
lower courts discretion
order of this honorable court
own no.45a
parties file pleadings
plot 1282c
said deed of assignment
substance of the appellants claim
such proviso
various state high court rules
very nature of an originating summons
virtue of plan no. ls
wrongful exercise of discretion

TIJJANI ABUBAKAR, JCA (Delivering the Leading Judgment): This appeal is against the ruling delivered by Lufadeju J, of the Lagos State High Court on the 15th day of June 2007 directing parties to file pleadings. In brief the facts are that the Appellants in this appeal, commenced action at the lower by Originating Summons under Order 3 rule 5 of the Lagos State High Court Civil Procedure Rules 2004. The Appellants as Claimants submitted the following questions for determination:

1. Whether the area of that portion of Plot 1282 at Saka Tinubu Street, Victoria Island, otherwise known as No. 45, Saka Tinubu Street, Victoria Island, Lagos, measuring 618.105 square metres, stated in and assigned under the DEED OF ASSIGNMENT now, registered under Title No. LO 8580 at the Lagos State Land Registry had, by virtue of Plan No. LS/D/LA 1063, annexed to the DEED, which letter the area of the said portion as measuring 700.299 square metres, in law been modified, enlarged, extended or added to.

2. …

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