Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OKO-OBOH
V.
GUOBADIA & ANOR

(2018) JELR 38880 (CA)    

Court of Appeal  ·  CA/B/242/2010 ·  22 Jun 2018 ·  Nigeria
CORAM
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
appellant
respondents
benin city
1st respondent
trial court
1st defendant
2nd defendant
iyen lane
owina street
said house
appellant's claim
john ehisiemen
learned trial judge
1st respondents counterclaim
cross-examination
order of court
purported transfer
suit no. b
plaintiffs house
weight of evidence
breach of contract
legal effect
legal requirements of a deed of transfer
mr. isaac ojeyokan
part-payment receipt
said document
support of this contention
taxi driver
total cost of the house
witness present
a.g
a.g of western state
agreed sum
balance of the agreed price
decision of the trial court
defendants
following events
following reliefs
high court of edo state
i. i. ojeyokan
johns friend mr. oni
leading judgment
legal consideration
nigerian army
said court
specific performance of a contract

MOORE ASEIMO ABRAHAM ADUMEIN, JCA (Delivering the Leading Judgment): In the High Court of Edo State, holden at Benin City, the appellant as plaintiff instituted Suit No. B/406/2002 in which she sought against the respondents, who were the defendants in the said Court, the following reliefs:

a) A declaration that the transfer made by the 2nd defendant on 11/2/02 between the plaintiff and 1st defendant purportedly transferring plaintiffs house at No. 1, Iyen Lane, Off Owina Street, Evbotubu Quarters, Benin City to the defendant is null, void and of no legal effect whatsoever.

b) A declaration that the purported transfer/receipt made by the 2nd defendant on 11/2/02 between the plaintiff and the 1st defendant does not meet the legal requirements of a deed of transfer and/or document relating to transfer of title to a real property the said document having not stated the total cost of the house.

c) A declaration that the purported transfer/receipt made by the 2nd defendant on 11/2/02 between …

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