Ratio DecidendiRatio DecidendiRatio Decidendi


(1998) JELR 45565 (CA)    

Court of Appeal  ·  CA/E/86/96 ·  11 Feb 1998 ·  Nigeria
Other Citations
Okoro v. Okoro (1998) 3 NWLR (Pt.540)
Okoro v. Okoro (1998) 3 NWLR (Pt. 540) 65
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
extension of time
statement of claim
learned trial judge
high court
lower court
1st defendant
customary law marriages
customary law marriage
enugu state
issue of jurisdiction
learned trail judge
m.u. edozie j.
subject matter
want of deligent prosecution
above ruling
breach of the principle of fair hearing
case of mohammed v
constitution of the federal republic of nigeria
cost of his property
court ought
dissolution of a customary law marriage
fundamental principle
grounds of appeal
high court of nsukka judicial division
issue no.3
jurisdiction of the high court
justice of the case
laws of anambra state
leading judgment
learned trial judge suo motu
magistrates court law
paragraph affidavit
record shows
result of a move
said constitution
supreme court decision
trial judge
ubaezonu jca
want of deligent prosecution proceeds

UBAEZONU JCA (Delivering the Leading Judgment): The Appellant, in the lower court claimed as follows;

"(a) Return of the wife - the 1st defendant and the child whose pregnancy she was carrying when she was enticed away from her matrimonial home.

(b) Special damages- N280,000.00 being cost of his property removed by the defendants.

(c) General damages - N1,000.000.00 for depriving him of the use of the property and for enticement of his wife - the 1st defendant."

The appellant however failed to file his statement of claim within time. In consequence, the respondent by a motion dated 30th January, 1996 prayed the court for an order dismissing or striking out the suit. By a motion dated 5th February, 1996, the appellant prayed the court for an Order for extension of time within which to file his Statement of claim. Both motions came up for hearing at the lower court on 7th February, 1996. The learned trial Judge, M.U. Edozie J., heard the motion for dismissing or striking out the suit. S…

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