CORAM

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TASLIM O. ELIAS, JUSTICE, SUPREME COURT

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT

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PARTIES

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CHIEF DOKUBO AKILE ASEIMO SIMON TELU ENIWELL IBULU APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

This is an appeal against the judgment of Douglas J., delivered on the 15th of October, 1973 at the Port Harcourt High Court in the Rivers State. The claim before that court is for a declaration of title to a piece of land known and called Onuoto of about 482.8 acres in the Kolo Creek between Otuasega and Imiringi villages in Ogbia in Brass Division. For reasons best known to him, the learned trial Judge, after hearing the case and the address by counsel, non-suited plaintiffs claim, without giving an opportunity to the counsel of either party to address him on the propriety of ordering a non-suit

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HELD

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The appeal was allowed and the judgment of the lower court was set aside.

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ISSUES

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Whether the learned trial Judge erred in law in failing to observe the principle of law laid down in previous cases decided in this court, that counsel must be asked to address the court before a trial court decides whether to non-suit a plaintiffs claim.

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RATIONES DECIDENDI

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ADMISSIBILITY OF THE JUDGMENT PLEADED

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When a judgement is pleaded and tendered as determining a particular issue between the parties, a trial court is entitled to examine the judgment and say whether it decided the issue pleaded.- Per George S. Sowemimo, JSC

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PLEADINGS

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The judgment of the court for trial must be based both on the facts and on the law on issues joined by the parties on their pleadings. A court should not embark on dealing with issues not raised in the pleadings nor should it give judgment on issues on which either counsel had not been called upon to address the court.- Per George S. Sowemimo, JSC

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CASES CITED

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STATUTES REFERRED TO

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