CHIEKWE IKWUNZE ESIAGA V UNIVERSITY OF CALABAR
June 12, 2025HON. EMIBRA EFIRIANDI AGBEOTU v. MR. TAMARATE BRISIBE & ORS.
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 16547
In the Supreme Court of Nigeria
Fri Apr 2, 2004
Suit Number: SC.67/1999
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
PARTIES
1. CHIEF MAXWELL DAKIPIRI ODI2. FINNY KARIBO3. KALABO AMAH4. IBRAHIM FUBARA5. WRIGHT INK-ORIKA6. AUGUSTINE KALAMBERE APPELLANTS
1ST/2ND SETS OF RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants claimed title to the land in dispute but gave contradictory evidence including that the land belongs to a 3rd party. They also sought to raise estoppels in a supplementary brief.
HELD
The court held that their case was entitled to be dismissed and not non- suited
ISSUES
(i) Was the Court of Appeal right in dismissing Plaintiffs’ appeal against the judgment of the High Court which relied on evidence of 3rd party interest in the land in dispute elicited from a witness in cross examination when the Court of Appeal itself found that third party interest was not raised in the pleadings?(ii) Was the Court of Appeal right in law in relying on evidence of third party interest when the issue was not raised in the pleadings of the parties in coming to its decision in the appeal?
RATIONES DECIDENDI
CASES CITED
1. Egbe V. Adefarasin (1987) I NWLR (Pt. 47) 1;2. Sosan V. Ademuyiwa (1986) 3 NWLR (Pt. 27) 241;3. Oshodi V. Eyifunmi (2000) 13 NWLR (Pt. 684) 2984. Ojiegbe V. Okwaranyia (1962) All NLR 605
STATUTES REFERRED TO
The Evidence Act
