Legalpedia Citation: (2009) Legalpedia (SC) 12151
In the Supreme Court of Nigeria
Fri Apr 3, 2009
Suit Number: SC.388/2002
CORAM
ALOYSIUS IYORGYERKATSINA-ALU, JUSTICE, SUPREME COURT
ALOMA MARIAM MUKHTAR, JSC (Lead Judgment), JUSTICE, SUPREME COURT
PIUS OLAYIWOLA ADEREMI , JUSTICE, SUPREME COURT V
PARTIES
CHIEF APPOLOS N. AMADI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed that the respondent trespassed on his property. The respondent claimed that the property in question was not in the appellant’s possession when the alleged trespass took place. The trial court found for the appellant. The respondent’s appeal to the Court of Appeal was successful. Hence this appeal to this court.
HELD
Appeal allowed ?
ISSUES
1. Whether the learned Justices of the Court of Appeal were justified when they, suo motu, raised very vital issues on which they based their judgment in favour of the Defendants/Appellants/Respondents……….2. Whether the learned Justices of the Court of Appeal were wrong in subtly nullifying the Plaintiff/Respondent/Appellant’s Certificate of Occupancy in respect of this property when the Defendants/Appellants/Respondents did not make such a claim
RATIONES DECIDENDI
PURPOSE OF PLEADINGS
The cardinal principle of pleadings is that a party claiming must not spring surprises on the opponent at the trial, but must endeavour to acquaint him of what to meet at the trial and the challenges against him, for by not doing so, he will take the said opponent unaware, and that will not meet the cause of justice. Per Mukhtar, JSC
CASES CITED
1. Shell Petroleum Development Company v. Tiebo VII (1996) 4 NWLR (Pt. 445) page 6572. Chindo Worldwide Ltd. v. Total (Nig) Plc (2001) 16 NWLR (Pt. 739) page 2913. Attorney-General of the Federation v. A.I.C. Ltd. (2000) 10 NWLR (Pt. 675) page 293 4. U.T.C. French Airlines v. Williams (2000) 14 NWLR (Pt. 687) page 271.?
STATUTES REFERRED TO
NONE ?