Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2000) JELR 43916 (CA)    

Court of Appeal  ·  CA/E/95/99 ·  21 Jun 2000 ·  Nigeria
Other Citations
Ojukwu v. Ojukwu (2000) 11 NWLR (Pt.677) 65
Ojukwu v. Ojukwu (2000) 11 NWLR (Pt. 677) 65

Ratio Decidendi

Core Terms Beta
locus standi
statement of claim
supreme court
1st respondent
2nd respondent
representative capacity
learned trial judge
christopher ojukwu
1st defendant
2nd defendant
proper order
president of nigeria
lower court
high court rules of anambra state
civil rights
appellant's case
head of ojukwu family
member of the ojukwu
personal capacity
appellant's counsel
death of her husband
female children
lagos state government
proper person
reasonable cause of action
said late christopher ojukwu
above facts
abuse of the process of court
administration of estates law
appellant's claims
appellant suffer
family of okpuno ebenator
father of the 2nd defendant
female issues
first marriage
following cases
full brother of the appellant
jimo olotu
leading judgment
mention of locus standi
most rev. timothy olufosoye
number of properties
order of injunction
ruling of an nnewi high court
son of the 1st respondent
specific claim
spite of the fact
sufficient justiciable interest

UBAEZONU, J.C.A. (Delivering the Leading Judgment): This appeal arose out of the ruling of an Nnewi High Court presided over by Ononiba J. The appellant as the plaintiff in the lower court. He sued the 1st respondent claiming as follows:-

1. A declaration that the said Late Christopher Ojukwu is not the father of the 2nd defendant.

2. A declaration that the said Late Christopher Ojukwu died leaving only three female issues as between him and the 1st defendant.

3. A declaration that the 2nd defendant is not a member of the Ojukwu family of Okpuno Ebenator Uruagu Nnewi, and cannot inherit therefrom.

4. An order of injunction restraining the defendants either by themselves, agents or privies from insisting that the 2nd defendant is a member of the Ojukwu's family of Okpuno Ebenator, Uruagu Nnewi and should inherit therefrom.

The 2nd respondent who is the son of the 1st respondent was later joined as the 2nd defendant. The 1st respondent was formerly married to the full brother of the ap…

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