SHELL BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD. V. JACOB ABEDI & ORS
August 13, 2025J.E.A. IYORLIAM VS THE STATE
August 13, 2025Legalpedia Citation: (1973) Legalpedia (SC) 12073
In the Supreme Court of Nigeria
Fri Dec 21, 1973
Suit Number: SC. 341/1972
CORAM
UDOMA, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
ANTONIA E. UMOFFIA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs sued the defendants over a piece of land at Calabar. Trial judge gave judgement in favour of the plaintiff, defendant appealed.
HELD
Appeal succeeds, plaintiffs claim was set aside
ISSUES
1. Whether an unregistered instrument can be tendered in court.
2. Whether oral testimony is admissible to establish a freehold grant.
RATIONES DECIDENDI
PLEADINGS
“Case in the high court which are fought in pleadings, must be conducted in accordance with the averments contained in the pleadings.”- Per Udo Udoma JSC.
STATUS OF EVIDENCE NOT PLEADED
Any evidence led in the course of any trial as to any fact not pleaded as to no issue and must be ignored- Per Udo Udoma JSC
AUDI ALTERAM PARTEM
“The fairness of a trial can be tested by the maxim-audi alteram partem.- Per Udo Udoma JSC
CASES CITED
(1) George & ors vs. Daminican Flour Mills Ltd. (1965) 1 ALL NLR 76 at 77.
(2) Aniemeka Emegokwu vs. James Okadigbo (1973) 4 sc 113
STATUTES REFERRED TO
S.15. Land Instrument Registration Law.
