Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



WOHEREM JP.
V.
EMEREUWA & ORS.

(2004) JELR 45040 (SC)    

Supreme Court  ·  SC.161/2000 ·  2 Jul 2004 ·  Nigeria
 · 
Other Citations
Woherem v. Emereuwa (2004) 13 NWLR (Pt.890) 398 (2004) 19 NSCQR 70
CORAM
UTHMAN MOHAMMED JSC SYLVESTER UMARU ONU JSC ANTHONY IKECHUKWU IGUH JSC UMARU ATU KALGO JSC DENNIS OYEJIFE EDOZIE JSC

Ratio Decidendi

Core Terms Beta
plaintiff
cause of action
statement of claim
action
appellant
date
defendants
statement of defence
1st defendant
appeal
writ of summons
court of appeal
trial court
3rd defendant
high court
plaintiff's action
commissioner of police
support of the motion
way of a preliminary objection
credible evidence
leading judgment
learned trial judge
limitation law no.7
majority decision
present case
respondent
empty cause of action
honourable court
interest of the plaintiff
iron gate
limitation law no.7 of rivers state
parcel of land
pleadings of the appellant
police report
provisions of order
respect of the land
rules of rivers state of nigeria
ruling of the trial court
said land
sets of issues
split decision
survey plan no. esp
survey work
view of the foregoing
way of counter-affidavit evidence


IGUH, J.S.C. (Delivering the Leading Judgment): What calls for decision in this appeal is whether or not the plaintiff's claims against the defendants in the suit are statute-barred.

The plaintiff had on the 12th day of November, 1992 in the Port Harcourt Judicial Division of the High Court of Rivers State of Nigeria instituted an action against the defendants jointly and severally claiming as follows -

"(i) A declaration that the plaintiff is the bona-fide owner of the piece and parcel of land known as and called "Ohia Apamini" situate at Mgbuakara, Rumumini in Rumuokwuta measuring 3.126 Acres and more particularly described by survey plan No. ESP 6648 dated 30-10-66 and prepared by E. Eyo, licensed surveyor and counter-signed by Survey-General, Eastern Nigeria on the 13th of December, 1966.
(ii) 5 million naira being special and general damages for trespass.
(iii) Perpetual injunction against the defendants, their servants agents, privies or successors in title restraining them fr…
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