JOHN EDO & ANOR VS COMMISSIONER OF POLICE
September 8, 2025UGWU NWANKWO VS THE QUEEN PAGE| 1
September 8, 2025Legalpedia Citation: (1962-05) Legalpedia 40770 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Feb 5, 1962
Suit Number: SC 11/1961
CORAM
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
1.AMUSA YESUFU OBA
2.RUFAI AKINHANMI
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT—AGREEMENT—SPECIFICE PERFORMANCE—APPEAL
SUMMARY OF FACTS
The plaintiff sued the defendant for specific performance, declaration of title and other reliefs based on a written agreement entered into. The plaintiff/respondent obtained judgment against the defendant/appellant over the case determined at the High Court. The defendant/appellant being dissatisfied appealed to this Court.
HELD
Appeal dismissed
ISSUES
Not Available
RATIONES DECIDENDI
LIMIT TO A JUDGE’S POWER
‘It is well settled that neither party will be allowed to raise an issue which has not been pleaded and on which the full facts are not before the Court, and this decision merely recognises the existence of a similar limit to the judge’s powers.’ Per BRETT. F. J.
CASES CITED
Ambrosini v. Tinko, (1929),9 N.L.R.8
Willoughby v. Willoughby (1756) 1 T.R. 763.
Potter v. Sanders (1846) 6 Hare, 1
STATUTES REFERRED TO
Not Available
