Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44869 (SC)    

Supreme Court  ·  SC.198/1999 ·  26 Sep 2003 ·  Nigeria
Other Citations
OWHONDA v. EKPECHI (2003) 17 NWLR (PT.849)326 (2003) 9 - 10 S.C. 1
Owhonda v. Ekpechi (2003) 17 NWLR (Pt. 849) 326
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
azikiwe street
court of appeal
declaration of title
deed of conveyance
learned counsel
acts of possession
root of title
grounds of appeal
part of the land
piece of land
trial court
chief abel owhonda
determination of the appeal
leading judgment
cross respondent
parcel of land
proof of the identity of the land
statement of claim
decision of the trial court
defective conveyance exhibits p1
determination of the issues
exhibit p3
exhibits p2
facts of the case
first suit no. phc
following issue
grant of title
immediate possession of the land
judgment of court of appeal
judgment of the trial court
litigation plans of both parties
new rivers state government
part of the rumuenyika family land
part of the said land
preponderance of acceptable evidence
said piece
second suit no. phc
see mogaji v
title fails
u. a. kalgo

D. MUSDAPHER, JSC (Delivering the Leading Judgment): These are an appeal and a cross-appeal against the judgment of Court of Appeal, Port Harcourt Division, delivered on the 5th day of February, 1998, allowing the appeal of the respondent/cross-appellant herein against the judgment of the trial court delivered by Ndu, J., (as he then was), on the 10th of April, 1995, in a consolidated action wherein the respondent/cross-appellant was the plaintiff and the appellant/cross respondent was the defendant. In this judgment the parties will be described hereinafter as the plaintiff and the defendant just as they were described in the aforesaid consolidated suit.

Now, by the first suit No. PHC/275/76 filed by the plaintiff on the 22/7/1976 and in the Further Amended Statement of Claim thereof, the plaintiff prayed for the following reliefs against the defendant:-

"1. Declaration of title to all that piece or parcel of land being and forming part of the land locally called and known as "ONIMGB…

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