Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38959 (CA)    

Court of Appeal  ·  CA/PH/457/2013 ·  12 Jun 2018 ·  Nigeria
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
trial court
ex-parte order
3rd defendants
trial judge
substantive matter
1st respondent
lower court
interlocutory injunction
parcel of land
5th defendants
circumstances of this case
live issues
3rd respondents
claim of ownership
notices of preliminary objection
reasonable evidence
statement of claim
suit no. phc
2nd set of respondents
case file
order of interim injunction
paragraphs affidavit
real likelihood of bias
substantive issue
1st 3rd defendants
lands registry
motion ex-parte
order of court
order of interlocutory injunction
respect of this suit
arguments of counsel
contentions of counsel
entire proceedings of this hon. court
ex-parte application
following reliefs
foreknowledge of fact
grant of the interim injunction
grounds of likelihood of bias
hon. chief judge of rivers state
interlocutory issues
main issue
necessary processes
order of perpetual injunction
rivers state government of the piece
ruling of this hon. court
ruling of this honourable court
said case file
substantive unfairness

BITRUS GYARAZAMA SANGA, JCA (DELIVERING THE LEADING JUDGMENT): The 1st Respondent was the Claimant before the High Court of Rivers State Port Harcourt Judicial Division. He instituted Suit No. PHC/2169/2012 against the Appellants and the 2nd and 3rd Respondents as 1st to 5th Defendants via an endorsed Writ of Summons and a Statement of Claim wherein he claimed for the following reliefs: -

1: A DECLARATION that the Claimant is the bona fide owner in possession by virtue of an allocation by the Rivers State Government of the piece or parcel of land situate at and known as Plot 283 A, Diobu, G. R. A. Phase II, Port Harcourt, Nigeria measuring approximately 3899.25 square metres with a Certificate of Occupancy registered as No. 51 at Page 51 in Volume 179 at the Lands Registry, in the office at Port Harcourt and he is entitled to the enjoyment of all that piece or parcel of land without let, interruption, disturbance or trespass from the Defendants or any other person whatsoever.


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