Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2012) JELR 49326 (CA)    

Court of Appeal  ·  CA/L/176/2002 ·  17 May 2012 ·  Nigeria

Ratio Decidendi

Core Terms Beta
doctrine of lis pendens
1st respondent
real property
supreme court
senior counsel
1st respondent's counsel
suit no. ld
1st defendant
chief ojora of lagos
lower court
3rd respondent
application of the doctrine of lis pendens
effective transfer of rights
lead judgment
interim order
learned trial judge
2nd respondents
chieftaincy matter
doctrine of lis pendes
leading judgment
ojora chieftaincy family
order of court
specific real property
subject matter of the suit
1st appellant
3rd defendant
above cited authorities
alhaji adam b. ashiru
appointment of the 1st respondent
approach of the learned trial judge
following issue
following reliefs
further action
high court
high court of lagos state
honourable chief judge
illegal management of the properties
lagos state
learned 1st
nomination of pw4
pendency of a litigation
pendency of suit no. ld
purported approval of the appointment of the 1st defendant
purported presentation of the 1st defendant
respective briefs
respondent belong
support of their case

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Hon. Justice I.A. Sotuminu of the High Court of Justice, Lagos State delivered on the 7th of September, 2001 in which the Honourable Chief Judge dismissed the claim in its entirety. The facts which led to this appeal are as follows:

Chief Taoridi Akapo was the immediate past Chief Ojora of Lagos who died on the 7th of May, 1993. The Ojora Chieftaincy Family comprises of three ruling houses, to wit - Adejiyan, Oyegbemi and Olumokun. On the death of Chief Taoridi Akapo, it was the turn of Oyegbemi Ruling House to select the next Chief Ojora of Lagos. The 1st Appellant, PW4 at the High Court and the 1st Respondent belong to the same Oyegbemi Ruling House. The 1st Respondent had earlier instituted suit No. LD/1790/93 challenging the nomination of PW4 as the Ojora elect representing the Oyegbemi Ruling House and consequently obtained an interim order in motion No. LD/456M/93 …

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