LASUPO AKANNI & ORS V. ADEDEJI MAKANJU & ORS
August 2, 2025UNITED BANK FOR AFRICA LTD & ORS V. DIKE NWORA
August 2, 2025Legalpedia Citation: (1978-11) Legalpedia (SC) 73211
In the Supreme Court of Nigeria
Fri Nov 17, 1978
Suit Number: SC. 303/1976
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
AYODELE JAMES (Trading under the name and style of AJILEYE & SONS)
APPELLANTS
MID-MOTORS NIGERIA CO. LTD
RESPONDENTS
AREA(S) OF LAW
EVIDENCE/ PRACTICE AND PROCEDURE – PLEADINGS
SUMMARY OF FACTS
The plaintiff made a claim for £15,000 for fraudulent misrepresentation, against the defendants
HELD
The Supreme Court held that a plaintiff must call evidence to support his pleadings and evidence which is in fact adduced which is contrary to his pleadings should never be admitted.
ISSUES
Not Available
RATIONES DECIDENDI
PLEADINGS
“Pleadings should be sufficient, comprehensive and accurate. As has been stated by this court in Abimbola George and 2 ors. (Trading as Abimbola George and Sons) v. Dominion Flour Mills (by its Attorney, Leslie Howard) (1963) 1 All NLR 71 at 77, the aim of pleadings is to give notice of the case to be met, which enables either party to prepare his evidence and arguments upon the issues raised by the pleadings and saves the other side from being taken by surprise.” Per G.S. SOWEMIMO JSC
CASES CITED
Abimbola George and 2 ors. (Trading as Abimbola George and Sons) v. Dominion Flour Mills (by its Attorney, Leslie Howard) (1963) 1 All NLR 71 at 77
STATUTES REFERRED TO
Not Available
