GEORGE ONOBRUCHERE AND ANOTHER VS IVMROMOEBO ESEGINE AND ANOTHER
July 22, 2025CHIEF HAROLD SHODIPO VS. LEMMINKAINEN AND ANOR
July 22, 2025Legalpedia Citation: (1986) Legalpedia (SC) 15818
In the Supreme Court of Nigeria
Fri Feb 21, 1986
Suit Number: SC. 245/1984
CORAM
A.l. IGUH JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
PARTIES
ANTHONY IDEHEN OGIDA
APPELLANTS
JACKSON OSAZE OLIHA
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT – POWER OF ATTORNEY – PARTIES – PLEADINGS
SUMMARY OF FACTS
The plaintiff acting as the Defendant’s attorney negotiated with the Federal Ministry of Works and Housing (Lands Division) Lagos for compensation for land acquired for the Mobile Police buildings. Upon receiving the compensation, the defendant has failed to pay the plaintiff’s bill after several demands by the plaintiff.
HELD
The Court dismissed the appeal.
ISSUES
The Court dismissed the appeal.
RATIONES DECIDENDI
BINDINGNESS OF PLEADINGS.
“Parties are bound by their pleadings and will not be allowed to deviate from them.” Kawu JSC.
ESSENCE OF PLEADINGS
“It is trite that issues are tried as settled in the pleadings, and the appellant, having made such an unequivocal admission in his pleadings regarding the capacity in which he executed the contract, cannot now be heard to say that he did so in a different capacity.” Kawu JSC.
CASES CITED
1. George & Ors. vs. Dominion Flour Mills Ltd. (1963) 1 All N L R. 71 at p.77
2. Oduka & Ord vs. Kasumu & Ors. (1968) N.M.L.R. 28
3. Aderemi vs. Adedire (1966) NML R. 398 at 401.
4. George Onaga & Ors. vs. Micho & Company (1961) 1 All N L R 324
STATUTES REFERRED TO
Bendel State High Court (Civil Procedure) Rules, Cap. 65.
