DANIEL BASIL V CHIEF LASSI FAJEBE
June 24, 2025PAULINUS TOBBY (ALIAS UDO EBBY) V THE STATE
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 23121
In the Supreme Court of Nigeria
Fri Apr 27, 2001
Suit Number: SC.15/1996
CORAM
SALIHU MODIBBO ALFA BELGORE , JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU,. , JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU., JUSTICE, SUPREME COURT
SAMSON ODEMWINGIE UWAIFO, JUSTICE, SUPREME COURT.
PARTIES
1. DURUAKU EKE2. ASIACHU UZOWURU3. FRANCIS EZETE4. DURU ECHEFU (For themselves and as representing the other members of Umuduruohome family, Umuofeke, Okohia Isiekenesi). APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
It is in respect of a land dispute between two families.
HELD
The appeal was allowed, setting aside the judgment of the lower court together with the order for costs and restore the judgment of the trial court.
ISSUES
Was there such inadequate joinder of issues which justified the Court of Appeal setting aside the trial court’s judgment?Was there any circumstance manifest in the entire case found at the end of the appeal to justify the Court of Appeal ordering a retrial?
RATIONES DECIDENDI
JOINDER OF ISSUES.
Failure to specifically and materially traverse these specific issues by the defence in their statement of defence tantamounted (sic) to admitting same. PER S. O. UWAIFO, JSC.
PURPOSE OF PLEADINGS.
The purpose of pleadings is to bring the parties to issues that arise so that either part may know the real points to be discussed and decided when the case comes on for trial PER S. O. UWAIFO, JSC.
DECLARATION OF TITLE – ONUS ON PLAINTIFF
In a case such as one for declaration of title where the onus is clearly on the plaintiff to lead such strong and positive evidence to establish his case for such a declaration, an evasive averment….. does not remove the burden on the plaintiff.”PER S. O. UWAIFO, JSC.
CASES CITED
Lewis & Peat (N.R.I) Ltd v. Akhimien (1976) NSCC (vol. 10) 360Bello v. Magnus Eweka (1981) 1 SC. 101 at 102,Helzger v. Department of Health & Social Welfare (1977) 3 All ER 444 at 451?
STATUTES REFERRED TO
Order 33 Rule 11 of the High court Rules, Laws of Eastern Nigeria 1963
