Ratio DecidendiRatio Decidendi


(2021) JELR 108821 (CA)    

Court of Appeal  ·  CA/E/207/2014 ·  10 Sep 2021 ·  Nigeria
Ahmad Olarewaju Belgore, JCA Ita George Mbaba, JCA Joseph Olubunmi Kayode Oyewole, JCA

Ratio Decidendi

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Enugu State High Court, in Suit No. E/93/2012, delivered on 10th March, 2014 by Hon. Justice A.A. Nwobodo, wherein the learned trial Judge gave judgment to Plaintiffs (1st and 2nd Respondents herein) as per their main reliefs.

At the trial Court, the Plaintiffs had sought the following reliefs:

(1) A declaration that by virtue of the unregistered Deed of Assignment, dated 16th August, 2003 and made between the 1st Plaintiff and the 1st Defendant, through his attorney, the 2nd Defendant, the Plaintiff acquired an equitable interest in the Plot D36B Independence Layout, Enugu, measuring approximately 714.268 Sqm.

(2) A declaration that, by virtue of Irrevocable Power of Attorney, dated 16th August, 2003, made between the 1st Defendant by his attorney, the 2nd Defendant and the 1st Plaintiff herein, the 1st Plaintiff acquired the right to assign, transfer and deal in the said Plot D36B …

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