CHIEF M. A. OKUPE V. B. O. IFEMEMBI
August 12, 2025FRANKLIN O. ATANDA V. ALLI AKANMI
August 12, 2025Legalpedia Citation: (1974-03) Legalpedia (SC) 37111
In the Supreme Court of Nigeria
Fri Mar 29, 1974
Suit Number: SC 291/1974
CORAM
OLATAWURA JUSTICE, SUPREME COURT
GEORGE B. A.COKER, JUSTICE, SUPREME COURT
GABRIEL IRIKEFE JUSTICE, SUPREME COURT
AYO, JUSTICE SUPREME COURT
PARTIES
ADAMA DIPCHARIMA
TIJANI ALI (ALIAS ZANNA TIJANI )(ALI DIPCHARIMA)
APPELLANTS
ALHAJI UMAR ALI(ALIAS ALHAJI UMAR )(ADAMA KOLO)
BORNU HOLDING COMPANY LTD.
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE-PLEADINGS
SUMMARY OF FACTS
The Plaintiff claims against the 1st defendant that he has no proprietary interest in the 2nd defendant not being a Shareholder and an Order for the 1st defendant to render full accounts of the company from the time he took up the role of Managing Director to the present time. The parties joined issues and despite the trial court finding evidence in support of the plaintiff, he awarded Judgment in favour of the defendant.
HELD
The Judgment of the lower court was set aside and the claims of the Plaintiff granted.
ISSUES
Whether the Judgment was against the weight of evidence.
RATIONES DECIDENDI
PLEADINGS
“trials based on pleadings filed by parties are prosecuted on the lines of issues raised and joined by the parties. The Judgment of such a court must we wish to emphasise, turn on such issues as had been joined. He question of the law applicable must necessarily be based on the findings made” Per Sowemimo, JSC.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
