VINCENT I. BELLO V. MAGNUS A. EWEKA
July 30, 2025SKEN CONSULT (NIG) LTD & ANOR. V. GODWIN SEKONDY UKEY
July 30, 2025Legalpedia Citation: (1981) Legalpedia (SC) 16910
In the Supreme Court of Nigeria
Thu Jan 22, 1981
Suit Number: SC. 45/1979
CORAM
OLABODE RHODES-VIVOUR
MOHAMMED BELLO, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
PARTIES
AKANNI OGUNDIMU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed against the respondent for a declaration that the Plaintiffs are the owners and are entitled to the possession, occupation and full user of all that piece or parcel of land, £500 damages for trespass, An injunction perpetually restraining the defendants, their agents, servants and/or other representatives from further interference with plaintiffs right, title, possession and interest in and over the said Ozugboko land.
HELD
APPEAL ALLOWED
ISSUES
None.
RATIONES DECIDENDI
CIRCUMSTANCES WHERE PARTIES WOULD BE BOUND BY THEIR PLEADINGS
It is also trite law that parties are bound by their pleadings and any evidence which is at variance with the averments in the pleadings goes to no issue and should be disregarded by the court. The court should concern itself only with evidence on those matters which have been included in the pleading” PER NNAMANI J.S.C
CASES CITED
Emegokwue and Okadigbo (1973) 4 S.C. 113 at 117
George & Ors v. Dominion Flour Mills Ltd. (1963) 1 ANLR 71 at 77
African Continental Seaways Ltd. v. Nigerian Dredging Roads and General Works Ltd. (1977) 5 S.C. 235 at p. 248
National Investment Co Ltd v Thompson Organization (1969) NMLR 104
STATUTES REFERRED TO
