Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2006) JELR 45759 (SC)    

Supreme Court  ·  SC.46/2001 ·  17 Feb 2006 ·  Nigeria
Other Citations
Ogolo v. Ogolo (2006) 5 NWLR (Pt.972) 173 (2006) 2 S.C (Pt I) 61 (2006) 2 S.C (Pt I) 61
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
lower court
trial court
statement of defence
court of appeal
default judgment
miscarriage of justice
senior counsel
default of defence
learned trial judge
8th october
trial judge
head of dieperi section of opobo town
support of the motion
said statement of defence
exercise of judicial discretion
supreme court
chief of main ogolo house
final decision
final judgment
following cases
leading judgment
merit vel
rules of court
default of a statement of defence
exhibit ogolo
high court
jurisdiction of the court
local government area of the rivers state
set aside
statement of claim
appeal no. ca
case of university of lagos v.aigoro
competence of the action
conduct of the party
determination of the appeal
favour of the plaintiff
following reliefs
judgment of the port harcourt division of the court
notice of preliminary objection
preliminary objection of the respondent
relevant consideration
ruling of the trial court
said chieftaincy stool
said court
sufficient reason
trial court discretion
wrong view of the case

ONNOGHEN, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Port Harcourt division of the Court of Appeal in Appeal No. CA/PH/65/98 delivered on 11th May, 2000 in which it reversed the ruling of the trial court refusing to set aside a default judgment in favour of the plaintiff (now appellant).

The appellant as plaintiff, instituted suit No. PHC/851/93 against the defendant now respondent, claiming the following reliefs:-

(a) A declaration that the plaintiff is the duly elected and recognized Chief of main Ogolo House and Head of Dieperi section of Opobo town in Andoni/Opobo Local Government Area of the Rivers State; and

(b) a perpetual injunction restraining the defendant by himself, his servants, agents and privies from parading or holding out himself (the defendant) whether in Port Harcourt or elsewhere as the Chief of main Ogoto House and/or Head of Diepreri section of Opobo town in Andoni/Opobo Local Government Area of the Rivers State or hows…

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