CHRISTOPHER ANYAEGBUNAM VS CATHERINE ANYAEGBUNAM
August 15, 2025SAMUEL OGUEBIE & ANOR V. CHUKWUDILE ODUNWOKE & ORS
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 10511
In the Supreme Court of Nigeria
Thu Apr 19, 1973
Suit Number: SC. 302/1971
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
BELLO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
ANIEMEKA EMEGOKWUE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In this case, the plaintiff (respondent) claimed against the defendant (appellant) in the Onitsha High Court recovery of possession of a piece of land in Ogbeabu in Onitsha Inland Town. He also claimed the sum of £100 as damages for trespass and asked for an injunction to restrain the defendant, his servants/or agents from continuing to build a concrete building which he had started on the said land.
HELD
The Court held that the evidence of both the plaintiff/respondent and the 3rd P1/W was clearly at variance with the averment in the plaintiff/respondents pleadings that the land was given to him by the Umudei family and having failed to prove a grant from the Umudei family, the plaintiff/respondents claim failed and should have been dismissed.
ISSUES
Whether the case now put up by the plaintiff/respondent is completely different from the averment in his pleadings.
RATIONES DECIDENDI
IMPORTANCE OF PLEADINGS
1. “It is trite law, and we have repeated it on many occasions, that parties are bound by their pleadings and that any evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by the court.” Per FATAYI-WILLAMS, JSC
CASES CITED
1. George and Ors. v. Dominion Flour Mills Ltd. (1963) 1 All NLR 71 at p.77
2. National Investment & Properties Co. Ltd. v. Thompson Organisation Ltd. & Ors
STATUTES REFERRED TO
