Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NWOKOLO
V.
NWOKOLO

(2018) JELR 38730 (CA)    

Court of Appeal  ·  CA/K/148/2009 ·  4 Jul 2018 ·  Nigeria
CORAM
UZO IFEYINWA NDUKWE-ANYANWU JCA MOHAMMED AMBI-USI DANJUMA JCA RIDWAN MAIWADA ABDULLAHI JCA

Ratio Decidendi

Core Terms Beta
appellant
evidence
emir road
trial court
fact
learned trial judge
trial judge
counter-claim
late father
cross-examination
new yam festival
issues
sabon-gari
contention of counsel
evidence of pw2
main issue
life time
material contradictions
exhibits a1
pieces of evidence
evidence of dw4
leading judgment
trial
witnesses testimonies
address of counsel
amended statement of claim
children of the late man
conclusion of the trial
cross-examination of p2
decision of the trial court
estate of late chief bartholomew nwokolo
evidence of dw8
exhibit a.
exhibit b
finding of fact
gift inter vivos of no.
gift of the late bartholomew nwokolo
judgment of the high court of kano state
nnewi l.g.a. of anambra state of nigeria
owner of the landed property
parties mother
possession of their own share
receipts of relevant evidence
rev. pastgor c. i. ajeh
rules of this court parties
sharing of the estate of the late bartholomew nwokolo
sharing of their late father estate
vacant possession of the said apartment

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kano State delivered by Hon. Justice Tani Yusufu Hassan on 19th December, 2008.

By a Writ of Summons together with an Amended statement of Claim dated 22nd July, 2005, the Respondent as Plaintiff claimed against the Appellant as Defendant as follows:

1. A declaration that he is the lawful owner of his own portion of the said building at No. 5, Emir Road, Kano.

2. A perpetual injunction restraining the Appellant/Defendant, his privies, servants and/or agents from threatening to eject or ejecting the Respondent/Plaintiff from No. 5, Emir Road, Kano.

3. And cost of the action.

The Appellant/Defendant on the other hand filed a Statement of Defence and counter-claim wherein he counter-claimed against the Respondent/Plaintiff as follows:

1. A declaration that the Estate of late Chief Bartholomew Nwokolo was shared after his death amongst his children on 20th April, 2001…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login