DAVID OGUNLADE VS EZEKIEL ADELEYE
July 10, 2025NEPA VS R.O. ALLI
July 10, 2025Legalpedia Citation: (1992) Legalpedia (SC) 41541
In the Supreme Court of Nigeria
Fri Oct 2, 1992
Suit Number: S C.96/1989
CORAM
KARIBI-WHYTE, JUSTICE, SUPREME COURT
KAWU, JUSTICE, SUPREME COURT
MOHAMMED, JUSTICE, SUPREME COURT
OMO, JUSTICE, SUPREME COURT
OGWUEGBU, JUSTICE, SUPREME COURT
PARTIES
MOHAMMED JUWO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant in this appeal was the plaintiff in the Gwaram Area Court where he instituted an action against the respondents and others, claiming title to some farmlands.
HELD
The Supreme Court held that a Court cannot give its decision on a point of law which was neither canvassed, nor relied upon by the Parties before it.
ISSUES
Whether prescription and the right accruing from long possession could be made an issue in the Court of Appeal
RATIONES DECIDENDI
FUNCTION OF AN APPELLATE COURT
“The main function of an appellate court is to deal with the complaints properly raised by a Party in the ground of appeal. However if it is necessary in the Interest of justice for an appellate court to raise an Issue suo motu, the parties must be given an opportunity to make their comments on such an Issue before a decision is reached”. Per KAWU, JSC.
CASES CITED
Kuti v. Balogun (1978)1 SC. 53Olusanya v. Olusanya (1983) 1 SCNLR. 134.
STATUTES REFERRED TO
None
