CHIEF R.A OKOYA VS S. SANTILLI
July 9, 2025MONDAY CHUKWU VS THE STATE
July 9, 2025Legalpedia Citation: (1994-04) Legalpedia 50682 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri Apr 15, 1994
Suit Number: SC.14/1989
CORAM
M.L. UWAIS JUSTICE, SUPREME COURT
E.O.OGWUEGBU JUSTICE, SUPREME COURT
S.U. ONU JUSTICE, SUPREME COURT
Y.O. ADIO JUSTICE, SUPREME COURT
A.I. IGUH JUSTICE, SUPREME COURT
PARTIES
JIMOH AKINFOLARIN
ALHAJI Y.K. AHMED
ALLI YUSUF (For and on behalf of the Ansar-Ud-Deen Society, Ode-Ondo)
APPELLANTS
SOLOMON OLUWOLE AKINNOLA
RESPONDENTS
AREA(S) OF LAW
None.
SUMMARY OF FACTS
The appellants, for themselves and on behalf of the Ansar-Ud-Deen Society, Ode, Ondo claimed for a declaration of title under Native Law and Custom to a piece of land situate and being at mile 2 Ondo-Okitipupa Road, N200.00 being general damages for trespass to the said plaintiffs’ land, and perpetual injunction restraining the defendant his servants and/or agents from committing further trespass on the land.
HELD
APPEAL DISMISSED
ISSUES
None.
RATIONES DECIDENDI
LIMITATION OF JUDGEMENT TO ISSUES RAISED
“It cannot be over emphasised that it is an elementary and fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties. It is not competent for a court suo motu to make a case for either or both of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties” PER IGUH, J.S.C
CASES CITED
Commissioner for Works Benue State & Anor v. Devcon Development Consultants Ltd & Anor (1988) 3 NWLR (Pt. 83) 407
A.C.B. Ltd v. Attorney-General Northern Nigeria (1969) NMLR 231
STATUTES REFERRED TO
