W.P. DANIEL KALIO & ANOR V ATHANASIUS WOLUCHEM & ANOR
July 24, 2025AIROE CONSTRUCTION AND CIVIL ENGINEERING COMPANY LIMITED V THE UNIVERSITY OF BENIN
July 24, 2025Legalpedia Citation: (1985) Legalpedia (SC) 68751
In the Supreme Court of Nigeria
Fri Mar 8, 1985
Suit Number: SC. 57/1984
CORAM
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
KAZEEM, JUSTICE, SUPREME COURT
OPUTA, JUSTICE, SUPREME COURT
PARTIES
DAVID FABUNMI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Further acts of trespass to the said The appellant was the defendant to a suit instituted by the respondent as plaintiff in the Ikeja Division of the High Court of Lagos State, in a suit in which declaration of parcel of land situate, lying and being at Palm Avenue, Mushin, Lagos State, N200.00 general damages for trespass to the said land, perpetual injunction restraining the defendant his servants and or agents from committing land.
HELD
APPEAL DISMISSED
ISSUES
None
RATIONES DECIDENDI
CIRCUMSTANCES WHEN A COURT CAN MAKE A DECLARATION
“The court does not make declarations just because the parties to litigation have chosen to admit something. The court declares what it has found to be the law after proper argument not merely after submissions of the parties. There are no declarations without argument that is quite plain.” MEGARRY Y.C PER OBASEKI J.S.C
CASES CITED
Metzger v. Dept. of Health and Social Security (1977) 3 All E.R. 444 at 451
STATUTES REFERRED TO
