Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1984) JELR 46449 (SC)    

Supreme Court  ·  SC.46/1982 ·  4 May 1984 ·  Nigeria
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
suit no. ik
declaration of title
agbenaje family
osu kehinde
locus standi
native law
learned judge
said land
ladega oyero
proper order
general damages
5th defendant mr. ige
behalf of other members of ogadubu family
piece of land
above decision
amended statement of claim show
behalf of the agbenaje family
e. b. ige
further acts of trespass
leave of this court
osu kehinde branch
possession of the said property
second child
suit no.ik
suit no. ik74
case of chief duke v
case of each party
end of the above summary
favour of the agbenaje family
following excerpts show
hands of the learned trial judge
historical facts
ikeja high court
ikola agbenaje village
judgment of this court
leading judgment
main question
new rules of court
osu kehinde descendants
proper persons
purposes of the trial
purposes of trial
respect of the plaintiffs
said suit
welter of evidence

IRIKEFE, JSC (Delivering the Leading Judgment): In this appeal, the appellants were the plaintiffs in Suit No. IK74/73 before the Ikeja Judicial Division of the High Court of Lagos State against the respondents who were the defendants in the said suit. Later, in Suit No.IK/261/73 the respondents to this appeal sued the appellants and one E. B. Ige, their tenant, over the same piece of land in issue in this case.

Both cases were later consolidated for the purposes of trial by the Ikeja High Court.

The claim in Suit No. IK/74/1973 reads:-

"The plaintiffs' claims against the defendants are for:-

(1) Declaration of title in respect of the plaintiffs' piece of land situate, lying and being at Ikola Agbenaje Village, via Ipaja in the Ikeja District of the Lagos State (hereinafter called the property).

(2) Possession of the said property.

(3) N100 being special and general damages for the trespass committed on the said land and the destruction of survey pillars thereon.

(4) Perpetual injunct…

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