Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2007) JELR 44657 (SC)    

Supreme Court  ·  SC.213/2000 ·  29 Jun 2007 ·  Nigeria
Other Citations
YARO v. AREWA CONSTRUCTION LIMITED (2007) 6 S.C. (Pt. II) 149 YARO V. AREWA CONST.LTD.(2007) 17 NWLR (Pt.1063) 333
NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
2nd respondent
grounds of appeal
2nd defendant
general damages
title deeds
1st defendant
complete agreement of sale of the disputed property
court of appeal
trial court
2nd respondents
notice of appeal
appellant's case
undisputed evidence
appellant's claim
documents of title
grounds of law
judgment of the court
1st defendant counter
1st defendant of all sums of money
aspect of the mortgage
circumstances of this case
complaints of wrong conclusion
complete agreement of the sale of the disputed property
concurrent findings of fact
counter-claim of the 1st respondent
credible raises
custody of the 2nd defendant
decision of the trial court
evaluation of exhibit
evaluation of the concurrent findings of fact
favour of the 1st respondent
following orders
grounds of fact
new question
paras c-d
particulars of damages
part of the contract
point of preliminary objection
pungent conclusions
respective briefs of argument
respect of the said property no.
rules of the court
said agreement
said documents of title
valid sale of property

C. M. CHUKWUMA-ENEH, JSC (Delivering the Leading Judgment): The plaintiff in this matter by a Writ of Summons has claimed against the defendants as follows:

"(a) A declaration that the agreement by the 1st defendant to sell to the plaintiff all its interest in that property known as Plots Nos. 157/159 Club Road, Kano, had been completed by 1984, and that the 1st defendant could not unilaterally rescind the said agreement thereafter.

(b) A declaration that the plaintiff is entitled to delivery over to him of all the documents of title to the property aforesaid including in particular the Certificate of Occupancy Nos. 13819 and 6929 registered as. No. 140 at page 140 in volume 8 (Misc) at the Lands Registry in the Office at Kano at present in the custody of the 2nd defendant.

(c) ₦500,000.00 special and general damages for wrongful refusal to return the said documents of title to plaintiff."

The 1st defendant counter-claimed from the plaintiff in its Statement of Defence and Counter-C…

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