CORAM
S.M.A. BELGORE, JUSTICE, SUPREME COURT
M.E. OGUNDARE, JUSTICE, SUPREME COURT
E.O. OGWUEGBU, JUSTICE, SUPREME COURT
O. OLATAWURA, JUSTICE, SUPREME COURT
PARTIES
CHIEF DAVIDSON OKAFOR IKEANYI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff /appellant instituted a civil action against the defendants/respondents .His claim against the defendants jointly and severally is for:an order of court setting aside the purported sale of his property by the 1st defendant to the 2nd defendant on the ground that the said sale was fraudulent, made in an irregular manner and in contempt of the court ?
HELD
It was for these reasons that I agreed on 18:11:96 that this appeal failed and that it should be dismissed with N1, 000.00 costs to each of the respondents. ?
ISSUES
1. Whether there was advertisement of the sale, was there any sale by public auction of the property on 28:9:81 and whether the sale was made fraudulently, in an irregular manner and in contempt of court?2. Whether the judgment is against the weight of evidence on the question as to an auction sale having been held on 28th September, 1981?
RATIONES DECIDENDI
PARTIES ARE BOUND BY THEIR PLEADINGS
It is a settled principle of practice that parties are bound by their pleadings and cannot be allowed to set out in court a case at variance with their pleadings. PER OGWUEGBU, JSC.
RAISING AN ISSUE FOR THE FIRST TIME ON APPEAL
The normal rule is that a point presented for the first time in an appellate court should be jealously scrutinized and the appellate court can only decide in favour of the appellant on such a point if it is satisfied that it has before it all the facts bearing on the contention as completely as would have been the case if, the point had arisen at the trial and no satisfactory explanation could have been offered by those who conduct is impugned if an opportunity for explanation had been offered them. PER OGWUEGBU, JSC
CASES CITED
Fadiora v Gbadebo (1978) 1 L.R.N 97 at 108Metalimpex v A. G. Leventis & Co (Nigeria) Ltd (1976) All NLR 79George & Ors. v Dominion Flour mills Ltd (1963) 1 SCNLR 117Gates v Jacobs (1920) 1 Ch 567.?
STATUTES REFERRED TO
Anambra State Auctioneers Law Cap 12 laws of Anambra ?