Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108786 (CA)    

Court of Appeal  ·  CA/MK/220/2016 ·  1 Sep 2021 ·  Nigeria
Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA

Ratio Decidendi

Core Terms Beta
legal practitioner
writ of summons
trial court
apex court
law firm
1st respondent
judgment of the trial court
jurisdiction of the court
2nd respondent
amended notice of appeal
case of the appellant
exhibit a
incompetent originating process
legal practitioners act
mr. adewale adesokan
nasarawa state
notice of appeal
order of perpetual injunction
originating processes
2nd defendant’s father
appellant’s claim
area court
argument of the appellant
claim of the appellant
cordelia ifeoma jombo-ofo
counter-claim of the 1st respondent
customary tenant
customary tenants of the plaintiffs
end of the trial
following manner
jhc okolo san
lack of jurisdiction
law firm of ogwuche akogwu
leading judgment
lead judgment
learned trial judge
legal process ought
name of the counsel
possession of the said farm land
previous proceeding
requisite jurisdiction
said farmland
state of pleadings
suit of the plaintiff
suits no.
trial court warrant

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice, Nasarawa State sitting at Keffi delivered by HON. JUSTICE S. A. ANYIWULU on the 26th day of April, 2016 wherein the trial Court dismissed the claim of the Appellant and granted the counter-claim of the 1st Respondent/Counter-Claimant. The Appellant dissatisfied with the judgment filed a Notice of Appeal and later an Amended Notice of Appeal dated 10th August, 2017 and filed on the 14th August, 2017 setting out 9 grounds of Appeal.

Facts leading to this appeal are straight-forward and amenable to brief summary. The Appellant claimed that the land in dispute belong to him having inherited same from his father who in turn inherited the land from his father and went ahead to list the genealogy of his ancestors who have occupied and used the land before getting to his father and later him. He stated that the land was deforested by his ancestor known and called…

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