Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2014) JELR 40199 (SC)    

Supreme Court  ·  SC.86/2008 ·  21 Feb 2014 ·  Nigeria
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
trial court
lower court
primary school
mfon abasi nursery
evidence act
learned justices of the court of appeal
record of appeal
6th may
concurrent findings of fact
1st appellant
breach of the agreement
cross examination
following reliefs
leading judgment
learned trial judge
2nd appellant
agreed deposit
agreement of the partnership
basis of exclusion of oral evidence
binding agreement
decision of the calabar division of the court
documentary evidence
earlier meeting
end of the trial
evidence of further acts
insistence of the appellants
judgment of the akwa-ibom high court
law bind
law of agency
legal principles
minutes of the partnership meeting
naira deposit
officer of the akwa ibom state judiciary
order of court
partnership of the plaintiffs
partnership of the school
right of purchase of the school
said solicitor

MUSA DATTIJO MUHAMMAD, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Calabar Division of the Court of Appeal (hereinafter referred to as the lower court) delivered on the 18th April, 2007 affirming the judgment of the Akwa-Ibom High Court sitting at Uyo (hereinafter referred to as the trial court) in suit No. HU 368/97 delivered on 28th March, 2003. The respondents herein as plaintiffs commenced the suit seeking the following reliefs:-

(a) A declaration that the partnership of the plaintiffs and the defendants in Mfon Abasi Nursery/Primary School, Nwut Usiong, Division Itam, Itu, is still in existence and not yet dissolved.

(b) A declaration that the plaintiffs are still part owners of the Mfon Abasi Nursery/Primary School, Nwut Usiong, Itam, Itu and are therefore entitled to jointly manage same with the defendants and share in the profits and liabilities thereof.

(c) An injunction restraining the defendants from continuing the management of the …

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