CORAM
COKER, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
EDEM EKPENYONG & 3 ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs sued the Defendants for trespass and asked the Court to grant an order of perpetual injunction against the Defendants. The trial Judge acceded to the claims of the Plaintiffs and the Defendant appealed on the ground that the pleadings of the Plaintiff had misconceived the whole case and that the case should therefore be sent back to the lower court for a re-trial or that the Supreme should enter a non-suit against the plaintiffs.
HELD
The Supreme Court held that it could not find that anywhere the plaintiffs case was imperfectly put forward rather the defendants were never sure of the defence which they had (if any) to the case of the plaintiffs.
ISSUES
Whether the evidence of the defendants was clearly a departure from their pleadings
RATIONES DECIDENDI
DECLARATION OF TITLE TO LAND
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CASES CITED
Emegokwue v. James Okadigbo, SC. 302/71
Nwakuche & Ors. v. Peter N. Azubuike & Ors. (1955) 15 WACA 146
STATUTES REFERRED TO