Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OMOREGBE
V.
LAWANI

(1980) JELR 46371 (SC)    

Supreme Court  ·  SC.89/1979 ·  25 Apr 1980 ·  Nigeria
 · 
Other Citations
OMOREGBE v. LAWANI (1980) 3-4 S.C. 70
CORAM
MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE 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 MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
proceedings
suit
evidence
learned trial judge
appeal
judge
court of appeal
22nd june
benin city
lordships of the court of appeal
declaration of title
behalf of the parties
question of law
said allotment committee
support of his case
unchallenged evidence
17th day of august
brief account of the facts
call of the respondent
call of the respondent
civil action
civil action
civil matters
conclusion of the testimony of the plaintiff
contentions of the plaintiff
counsel mr. evbuomwan
criminal proceedings
ebvogida plot allotment committee
federal court of appeal
high court of midwestern
judgment non
judgment of the learned trial judge
later date
leading judgment
learned justices of the court of appeal
number of decisions
order of injunction
order of the trial court of the 21st day
present appeal
prior argument
prior argument
said land
selector of parcels of land
sir rupert cross
suit b
sum of the evidence
support of his claims
support of the plaintiff
survey beacons md
survey beacons md
survey plan of the land
survey plan of the land
underlined portions
way of confirmation of the grant

C. IDIGBE, JSC (Delivering the Leading Judgment): On the conclusion of the testimony of the plaintiff (the respondent herein) and those of his two witnesses in support of his claims for a declaration of title to land, damages for trespass thereon and an order of injunction in relation to the said land, - the defendant (the appellant herein) having refrained from calling any evidence whatsoever in rebuttal - the High Court of Midwestern (now Bendel) State (Ekeruche, J.), on Tuesday, the 17th day of August, 1976, refused to consider and/or assess the evidence before it; and without any prior argument on the issue for and on behalf of the parties to these proceedings entered an order of non-suit against the respondent and, in addition, ordered that the claims be heard de novo before another Judge. The plaintiff's (i.e. the respondent herein) appeal to the Federal Court of Appeal (hereinafter called simply "the Court of Appeal") was on the basis that the learned trial Judge erred in law i…

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