Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2006) JELR 45926 (SC)    

Supreme Court  ·  SC.208/2000 ·  12 May 2006 ·  Nigeria
Other Citations
Ofia v. Ejem (2006) 11 NWLR (Pt.992) 652 (2006) 5 S.C (Pt III) 41 (2006) 5 S.C (Pt III) 41
Ofia v. Ejem (2006) 11 NWLR (Pt. 992) 652
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
representative capacity
trial court
court of appeal
declaration of title
favour of the appellants
lower court
nchara edda
behalf of the people of etiti edda
case of the appellants
leading judgment
palm trees
portion of land
registrar co-operative societies
trial judge
view of the evidence
annual value
appeal no. ca
appeal of the present respondents
appellant brief
claims of the appellants
different ancestors of each village
finding of fact of the trial court
following reliefs
further exercise of their right of ownership
high court of justice of imo state
issue of representation of the appellants
joint interest
judgment of the court of appeal
judgment of the high court of imo state
judgment of the port-harcourt division of the court
lead judgment
learned trial judge
nchara edda land
own land
people of ukwa nkporo village of arochukwu
plaintiffs claim
possession of the land
relation of the 2nd defendant
representative capacity of the appellants
respective communities
said land
subject matter
submission of both counsel

ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Port-Harcourt Division of the Court of Appeal delivered in appeal No. CA/PH/156/94 on the 27th day of January 2000 in which it allowed the appeal of the present respondents against the judgment of the High Court of Imo State holden at Afikpo in suit No. HAF/3177 delivered by Anyanwu J, on the 30th day of July, 1991 in favour of the appellants who were plaintiffs before that court was set aside. On the 3rd day of February, 1977 the appellants as plaintiffs caused a writ of summons to be issued against the respondents who were defendants claiming the following reliefs:

"1. The plaintiffs claim against the defendants jointly and severally as follows:

(a) Declaration of title to the piece and portion of land called Nchara Edda situate in Edda within jurisdiction. The annual value is less than Ten Naira (₦10.00).

(b) ₦50,000.00 (Fifty Thousand Naira) being general damages for trespass in that t…

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