Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OGUNKO & ORS
V.
SHELLE

(2003) JELR 44929 (CA)    

Court of Appeal  ·  CA/L/357/2001 ·  19 Jun 2003 ·  Nigeria
 · 
Other Citations
Ogunko v. Shelle [2004] 6 NWLR (Pt.868)17
Ogunko v. Shelle (2004) 6 NWLR (Pt. 868) 17
Intl Offshore Const. Ltd. v. S.L.N. Ltd (2003) 16 NWLR (Pt. 845) 157
CORAM
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiffs
appellants
respondent
learned trial judge
defendant
jonah lane
statute of limitation
limitation law
said property
supreme court
high court of lagos state
lower court
statement of defence
such owner
trial of this suit
action of the plaintiffs
application of the defendants ancestors
branches of the said ogunko family
commencement date of the law
defendants counsel
defendants registration
equitable defence of laches
essence of the equitable doctrine of laches
family property of the ogunko
first registration of the said no.
following reliefs
free hold of land
further claim
joint interest
judgment of the said court
lagos state high court
lagos state land registry
leading judgment
legal joint owners of the said no.
legal owner of no.
legal right
letters of administration
name odofin ogunko
nature of the acts
parcel of land
particulars of error
part of a branch
possession of the said property
relevant paragraphs of the plaintiffs
respect of the landed property
right of action of the plaintiffs
right of occupancy
shelle family of lagos
suit no. ld
true copy of the said crown grant

SULEIMAN GALADIMA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of Adeniji, J., of the Lagos State High Court in suit No. LD/262/89 delivered on the 29th day of April, 1992.

The appellants who were the plaintiffs at the lower court had claimed against the respondent as defendant, the following reliefs:

"1. A declaration that the plaintiffs are the persons entitled to possession and right of occupancy in respect of the landed property situate and lying and being at and known as No. 14 Jonah Lane, Lagos.

2. Possession of the said property.

3. An account of all rents collected from January 1963 until possession is given up."

The relevant paragraphs of the plaintiffs' pleadings filed on 20/12/89 are as follows:

"1. The plaintiffs are the descendants and Legal Administrators of the estate of late Madam Omodele, the legal owner of No. 14, Jonah Lane, Lagos. The plaintiffs shall rely on letters of Administration granted to the plaintiffs by the High Court o…

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