Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2001) JELR 44267 (SC)    

Supreme Court  ·  SC.13/1997 ·  18 May 2001 ·  Nigeria
Other Citations
P.N. Udoh Trading Co. Ltd. v. Abere (2001) 11 NWLR (Pt.723) 114 (2001) 5 S.C (Pt.II) 64
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
port harcourt
station road
trial court
abandoned property
2nd defendant
grounds of appeal
station road layout
appellant's cause
cancellation of its lease
judgment of the court of first instance
rivers state of nigeria
appellant's suit
deed of lease
edict no.8
first respondent
high court
learned counsel
purported cancellation of the appellant
state of the pleadings
finding of the court of first instance
government of the rivers state of nigeria
grounds of law
leading judgment
order of the honourable court
plaintiffs property
present action
provisions of the state lands
subject-matter of the deed
1st defendant of the plaintiff
amended statement of defence of the 2nd defendant
cancellation of lease
court of law
error of law
following issues
holds property
ill respect of the property
laws of the federation of nigeria
learned trial judge ichoku j.
particulars of error
plaintiffs possession
provisions of statute of limitation
reply brief
respective cases
statement of defence paragraph
state of nigeria
whole claim of the plaintiff

KALGO, JSC (DELIVERING THE LEADING JUDGMENT): The appellant who was the plaintiff at the trial court (Rivers State High Court, Port Harcourt) claimed against the respondents jointly and severally the following reliefs:

1. A declaration that the reacquisition by the Government of the Rivers State of Nigeria of which the 2nd defendant is the legal Representative, and resale to the 1st defendant of the plaintiff's property known as plot 3 within Station Road Layout otherwise and called Number 3 Station Road, Port Harcourt the subject-matter of the Deed dated the 8th day of September, 1958 and registered as No. 56 at page 56 in volume 181 of the Deeds Registry in the office at Enugu flow at Port Harcourt is illegal, null and void and of no effect whatsoever.

2. ₦100,000.00 (One hundred thousand Naira) damages for trespass in that in March 1986 and all diverse other dates, the defendants by themselves, their servants and/or agents forcibly broke and entered the plaintiff's said property call…

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