CORAM

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IKECHl FRANCIS OGBUAGU, JUSTICE SUPREME COURT

ESO, JUSTICE, SUPREME COURT

UWAIS, JUSTICE, SUPREME COURT

KARIBI-WHYTE, JUSTICE, SUPREME COURT

KAWU, JUSTICE, SUPREME COURT

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PARTIES

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HARRISON WELLI & ANOR APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

Appellants were the defendants in the High Court. Plaintiffs/respondents brought an action on the 11th November, 1972, in a representative capacity against Defendants/Appellants, claiming Damages for trespass, Damages for trespass, Perpetual injunction restraining the defendants, their servants or agents from committing any further trespass on the land in dispute

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HELD

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APPEAL STRUCK OUT

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ISSUES

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Whether appellants appeal was or was not incompetent having not complied with the provisions of section 213(3) of the Constitution 1979

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RATIONES DECIDENDI

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DUTY OF COURTS TO DETERMINE ISSUES BEFORE IT

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“It is both an elementary and a fundamental principle of the administration of justice in our courts that the judgment of the court in a matter before it must be confined and limited to the issues litigated by the parties to the suit. Where at the end of the day any of the material issues, whose determination is likely to affect the result of the litigation between the parties is not resolved, the issue between the parties would appear not to have been determined. It is for this reason that where several issues affecting the determination of a matter before the court are specified, it is essential for the court determining the case to decide such issues where however an issue is not relevant to the determination of the case and was disregarded, it is the duty of the court to state why such issues are considered not relevant. In all cases where issue is joined, there is a duty on the court to state how such issue has been disposed of” PER KARIBI WHYTE J.S.C

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CASES CITED

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STATUTES REFERRED TO

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