SENATOR HOSEA EHINLANWO V CHIEF OLUSOLA
May 28, 2025PRINCE EYINADE OJO & 3 ORS V THE ATTORNEY-GENERAL OF OYO STATE & 3 ORS
May 28, 2025Legalpedia Citation: (2008-06) Legalpedia (SC) 18111
In the Supreme Court of Nigeria
Fri Jun 27, 2008
Suit Number: SC. 41/2005
CORAM
GEORGE ADESOLA OGUNTADE, JUSTICE, SUPREME COURT
MAMMAN NASIR , JUSTICE, SUPREME COURT
PIUS OLAYIWOLA ADEREMI, (Lead Judgment), JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE, JUSTICE, SUPREME COURT
C. M. CHUKWUMA-ENEH, (Dissenting Judgment), JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE, JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE, JUSTICE, SUPREME COURT
PARTIES
ALHAJl A.B. ABUBAKAR. APPELLANTS
ALHAJI ABUBAKAR DANIYA WAZIRI & 3 ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The father of the appellant who died intestate left some landed property. The respondents said that they donated a Power of Attorney to the appellant to manage the property on their behalf, the respondents, sought an order directing the appellant to satisfactorily render an account of all the assets of the deceased and to disengage from administering the estate. ?
HELD
That this action is not maintainable in law against the defendant/appellant. ?
ISSUES
1. Whether there is evidence, admissible in law, supporting the existence of Power of Attorney and more importantly, whether Power of Attorney was pleaded?
RATIONES DECIDENDI
NEED TO OBTAIN LEAVE TO APPEAL ON GROUNDS OF MIXED LAW AND FACT
Where grounds of appeal are of mixed law and facts or facts alone, it is imperative that leave of court must first be sought and obtained otherwise the Notice of Appeal carrying such grounds on that leave of court is incompetent and it is as good as an appeal not having been filed and if such grounds are additional grounds and no leave is sought and obtained in respect of them an issue arising therefrom will be regarded as incompetent and will be struck out. Per. P.O. ADEREMI, JSC
PURPOSE OF PLEADINGS
Pleadings must not be evasive; it must be cogent and pungent. One of the objects of pleadings is to settle the issues to be tried and it must be taken as established law that parties are bound by their pleadings and the court should not allow evidence to be given in respect of facts not pleaded or not clearly pleaded. Per. P.O. ADEREMI, JSC
CASES CITED
1. Aja & Anor v. Okoro & Ors. (1991) 7 NWLR (Pt.203) 2602. Atanda & Ors v. Ajani & Ors. (1989) 3 NWLR (Pt. 111) 5553. Ossai v. Nwajide & Anor (1975) 4 S.C. 2074. Vulcan Gases Ltd v. G.E. Ind A-G (2001) 9 NWLR (Pt.719) 610 at page 664?
STATUTES REFERRED TO
1. Registration of Titles Law (Cap 166) Vol. 7 Laws of Lagos State
2. 1999 Constitution of the Federal Republic of Nigeria.
3. Land Registration Laws of Niger State Cap 674. Supreme Court Rules as amended in 1999
