Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



URUNNE
V.
AGBORO

(2001) JELR 51107 (CA)    

Court of Appeal  ·  CA/B/214/98 ·  10 May 2001 ·  Nigeria
 · 
Other Citations
Urunne v. Agboro (2001) 11 NWLR (Pt. 723) 206
CORAM
NIKI TOBI, JCA (Presided and Read the Lead Judgment) BABA ALKALI BA’ABA, JCA SAKA ADEYEMI IBIYEYE, JCA

Ratio Decidendi

Core Terms Beta
counsel
court
defendant
rent tribunal
area customary court
customary court
rent control
recovery of residential premises edict
appellate court
lower court
said premises
area customary court ii
airport road
exhibit
recovery of premises
documentary evidence
favour of the plaintiff
following issues
good reason
high court
illiterates protection law
issue of leave
judgment of the lower court
lead judgment
nature of the transaction
suit no. wacc
appellate judges
area court
calling of a particular witness
context of the proper evaluation of the exhibit
customary court rent control
end of the trial
exhibit f
favo ur of the plaintiff
findings of a trial court
following terms
gamut of the record of proceedings
high court judge
learned trial judge
lower court ought
possession of the piece of land
proper evaluation of the evidence
recovery of residential premises tribunal
recovery of residential premise tribunal
recovery of the said premises
relevant facts
respect of a statutory right of occupancy
tenant matter
warri area customary court
warri customary court ii

TOBI, JCA (Delivering the Lead Judgment): This matter commenced from the Area Customary Court, Warri. It was for recovery of premises and perpetual injunction to restrain the defendant, his agents, tenants, workmen and/or privies from further acts of trespass to the land/premises situate at Ugborikoko village near Airport Road, Warri. At the end of the trial, the Area Customary Court gave judgment in favour of the plaintiff who is the respondent in this appeal. The court said at page 56 of the record:

“In view of our observations above and having given serious consideration to all the relevant facts, we hereby enter judgment in favour of the plaintiff against the defendant in the following terms:

(1) We hereby adjudge that the defendant shall surrender possession of the piece of land/premises lying and situate at Ugborikoko village, near Airport Road, Warri on or before 31st day of August, 1990.

(2) We hereby grant a perpetual injunction restraining the defendant, his servants, and/or…

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