DAVID TAIWO ELABANJO & ANOR V. JOSEPH DARLINGTON
August 29, 2025ALHAJI AHMED AGBAJE & ORS VS CHIEF SALAMI AGBOLUAJE & ORS
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 11516
In the Supreme Court of Nigeria
Thu Feb 12, 1970
Suit Number: SC 31/1970
CORAM
COKER, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
CHIEF ABAH OGBODA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sought a declaration that the unlawful appointment of the 1st defendant by the 2nd defendant as the new district head of Edumoga, in Idoma Division, is null and void, and that the plaintiff and his people are the rightful persons to nominate for appointment as the new district head, a fit and proper person, or persons.
HELD
The Court dismissed the appeal of the plaintiff stating that the learned trial judge carefully considered the issues actually raised on the pleadings and that the plaintiff has not drawn attention in particular to, any finding in respect of which there is no evidence.
ISSUES
Whether the judgment of the trial judge dismissing the plaintiffs claim is supported by the weight of evidence
RATIONES DECIDENDI
EVIDENCE NOT PLEADED
We have pointed out numbers of times that the evidence in respect of matters not pleaded really goes to no issue at the trial and the court should not have allowed such evidence to be given. Even when such evidence had been wrongly allowed, the trial court should disregard it as irrelevant to the issues properly raised by the pleadings. Per Coker, JSC
CASES CITED
Chief Sule Jimbo & Ors. v. Aminu Asani & Ors
STATUTES REFERRED TO
Local Authority Law, cap. 77 (Laws of Northern Nigeria, 1963)
