Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OKONKWO
V.
OKONKWO & ORS

(1998) JELR 45609 (SC)    

Supreme Court  ·  SC.44/1992 ·  17 Jul 1998 ·  Nigeria
 · 
Other Citations
Okonkwo v. Okonkwo (1998) 10 NWLR (Pt.571) 554
Okonkwo v. Okonkwo (1998) 10 NWLR (Pt. 571) 554
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEBGU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
appeal
plaintiff
issues
court of appeal
grounds of appeal
learned trial judge
4th defendants
exhibit b
new market road
4th respondents
leading judgment
learned counsel
amended brief
justice of the court of appeal
1st respondent
amended grounds of appeal
availability of a principal member
briefs
judgment of the court of appeal
land registry
order of court
proper brief of argument
purported sale of the said property
respective counsel
said agreement
state of the law
sufficient reason
5th defendants
amended briefs
claim of mr. victor osita okonkwo
considered judgment
decision of onitsha high court
determination of this appeal
facts of the case
failure of the learned justice of the court
following issues
following reliefs
general principles
high court
majority decision
majority view
onitsha high court
particulars of such equitable defence
plaintiffs brothers
points of law
sale of a family house
sale of the family property
spilt decision

MOHAMMED, JSC (Delivering the Leading Judgment): A dispute over the sale of a family house led to the filing of this suit before Onitsha High Court. This is an appeal from the judgment of the Court of Appeal, Enugu, in which it affirmed the decision of Onitsha High Court wherein the claim of Mr. Victor Osita Okonkwo against his four brothers and the Syndicated Investment Holdings Limited was dismissed. Mr. Okonkwo who hereinafter shall be referred to as the appellant filed this suit against the five defendants, now respondents in this appeal, and claimed for the following reliefs:

"(1) A declaration that the purported sale of the said property by the 1st to 4th defendants to the 5th defendants is null and void, and of no legal effect.

(2) An order of court for the cancellation of the deed of conveyance between the 1st to 4th defendants with the 5th defendant and registered as No. 37 at page 37 in volume 765 in the Land Registry in the office at Enugu, on ground that the plaintiff is n…

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