Ratio DecidendiRatio DecidendiRatio Decidendi



THOMAS & ANOR.
V.
ADERINOKUN & ANOR.

(2008) JELR 49401 (CA)    

Court of Appeal  ·  CA/I/61/03 ·  26 Jun 2008 ·  Nigeria
 · 
Other Citations
Thomas v. Aderinokun (2008) 16 NWLR (Pt. 1112) 184
CORAM
MUSA DOTTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellants
lower court
appeal
exhibit a2
preliminary objection
suit no. m
order
ex-parte
issues
present respondent
respondents
grounds of appeal
learned trial judge
originating summons
rem judicata
instant appeal
appellate court
natural father
operation of law
earlier decision
notice of preliminary objection
present appellants
actual custody of the above named children
affidavit evidence
briefs of argument
considered view
daughter of the present appellants
death of mrs olutobi aramide aderinokun
death of respondent
determination of this appeal
doctrine of estoppel
earlier decision of a court
final order
following reliefs
guardian of the said children temilola aderinokun
honourable court
infants law of oyo state
istifanus thomas
jurisdiction of the state of new york
leading judgment
main issues
no. m
opposition of the parties
plea of res judicata
relevant facts
subject matter of this action
summons no. m

ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): At the Lower Court, the present respondent was the applicant in which he filed an originating summons against the present appellants seeking the following reliefs:

1. A declaration that having regard to the Infants Law of Oyo State, upon the death of MRS OLUTOBI ARAMIDE ADERINOKUN, the mother of MAYOWA and TEMILOLA ADERINOKUN, the plaintiff being their natural father, is by operation of Law, the guardian of the said children TEMILOLA ADERINOKUN, the plaintiff being their natural father, is by operation of Law, the guardian of the said children.

2. Order directing the respondents forth with to deliver up to the applicant by himself or through his Attorney, servant or agent, the actual custody of the above named children namely MAYOWA ADERINOKUN DOB 22/12/95 and TEMILOLA ADERINOKUN DOB 7/1/98.

3. Order that the International Travelling Passports of the said children be delivered to the applicant or his Attorney, servant or agen…

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