CO-OPERATIVE & COMMERCE BANK PLC V JONAH DAN OKORO EKPER
June 4, 2025UNIVERSAL TRUST BANK OF NIGERIA V FIDELIA OZOEMENA
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 11102
In the Supreme Court of Nigeria
Fri Jan 26, 2007
Suit Number: SC.60/2002
CORAM
YARGATA BYENCHIT NIMPAR, JUSTICE, COURT OF APPEAL
ALOMA MARIAM MUKHTAR,JUSTICE, SUPREME COURT
MAHMUD MOHAMMED, JUSTICE, SUPREME COURT.
ALOMA MARIAM MUKHTAR,JUSTICE, SUPREME COURT
PARTIES
ADEDEJI (Risawe of CHIEF ADEFIOYE Ilesa APPELLANTS
J.O. OLOSO & ANOR RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff pleaded that the 1st defendant was a tenant in two of the plaintiff’s shops within Risawe Chieftaincy palace. He further pleaded that the 2nd defendant’s father, Samuel Olowofoyeku was a licensee to his father, Chief Omole Adedeji in respect of an apartment containing the shops now in dispute.
HELD
APPEAL DISMISSED
ISSUES
1. Whether the learned Justices of the Court of Appeal were right in affirming the findings of the Court of first instance that there was no settlement of issues at the proceedings of 6/2/90 amounting to a consent judgment in respect of the issue of ownership of the land in dispute.
2. Whether the learned Justices of the Court of Appeal were right in affirming the judgment of the court of first instance that the transaction between the Appellant’s grandfather and the 2nd Respondent’s father amounted to a sale of the land in dispute.
3. Whether the learned Justices of the Court of Appeal duly and sufficiently considered issues Numbers 3 and 4 submitted to the court for adjudication.
4. Whether the learned Justices of the Court of Appeal were right in raising suo motu and deciding the issue of laches and acquiescence without the parties being heard on the issue, and if so, whether the Appellant was in fact guilty of laches and acquiescence.
RATIONES DECIDENDI
EVIDENCE NOT NEED BE ADDUCED ON MATTERS ADMITTED IN PLEADINGS
“It is a well-established principle of pleadings that there is no dispute between parties on matters which have been admitted on the pleadings and generally, evidence on such admitted matters is to be excluded” PER OGUNTADE J.S.C
CASES CITED
The British India General Insurance Company and Nigeria Ltd. v. Thawardes Okparaoke v. Egbuonu & OrsThomas v. Preston Holder?
STATUTES REFERRED TO
Section 74 of the Evidence Act
