CORAM
SYLVERSTER UMARU ONU JUSTICE, SUPREME COURT
SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
PARTIES
ALHAJI ABDULRAHMAN AKANBI (SUBSTITUTED FOR ALHAJI JIMOH OPELOYERU) (FOR AND ON BEHALF OF OGBOYE FAMILY OF IDOFIAN) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs claimed title to the land in dispute on the basis of traditional evidence which was not pleaded.
HELD
The court held that the court of appeal was right in dismissing the suit.
ISSUES
Whether grounds 4 and 6 of Notice of Appeal on which issue No. 1 in the respondents (the Appellant’s Appeal to the Court of Appeal) are formulated, are competent grounds and therefore able to sustain issue No. 1 and whether upholding the grounds and issue on them has not occasioned miscarriage of justice .Whether the High Court has jurisdiction to try this case which is in respect of land outside the urban area as described in Kwara State Legal Notice No. 2 of 1978 .Whether the Court of Appeal did not fail to appreciate the effect of plaintiff’s claim in paragraph 27(d) (e) (f) over the other claims when it dismissed the appellant’s case on the ground that the extent of the Ogboye family land acquired by the 2nd respondent at Arugbo was not even specified or ascertained with definitive certainty.Whether the Court of Appeal appreciated the amended statement of claim when the Appeal Court held that the trial court based its decisions on unpleaded facts – Grounds 4 and 5
RATIONES DECIDENDI
TRADITIONAL HISTORY MUST BE PLEADED AND PROVED
It is now well established that a plaintiff who relies in his pleading and evidence on traditional history for his root of title to land must ensure that he pleads that history properly and lead evidence on it – Uwaifo J.S.C
CASES CITED
Akinloye V. Eyiyola (1968) NMLR 92;Owoade V. Omitola (1988) 2 NWLR (Pt. 77) 413;Anyanwu V. Mbara (1992) 5 NWLR (Pt.242) 386;Onwugbufor V. Okoye (1996) 1 NWLR (Pt. 424) 252;Uchendu V. Ogboni (1999)5 NWLR (Pt. 603) 337;Eze V. Atasie (2000) 10 NWLR (Pt. 676) 470
STATUTES REFERRED TO
NONE