UDZA UOR AND ORS VS PAUL LOKO
July 18, 2025INTERCONTRACTORS NIGERIA LIMITED VS NAT. PROVIDENT FUND MGT. BOARD
July 18, 2025Legalpedia Citation: (1988) Legalpedia (CA) 32105
In the Court of Appeal
Wed May 4, 1988
Suit Number: CA/B/167/84
CORAM
MICHAEL EKUNDAYO OGUNDARE, JUSTICE, COURT OF APPEAL
DAHIRU MUSDAPHER, JUSTICE, COURT OF APPEAL
EMMANUEL TAKON NDOMA- EGBA, JUSTICE, COURT OF APPEAL
PARTIES
JIMOH AKINFOLARINALHAJI Y.K. HAMMEDALLI YUSUF APPELLANTS
SOLOMON OLUWOLE AKINNOLA (For and on behalf of the Ansar-Ud-Deen Society Ode-Ondo) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants, for themselves and on behalf of the Ansar-Ud-Deen Society, Ode, Ondo claimed for a declaration of title under Native Law and Custom to a piece of land situate and being at mile 2 Ondo-Okitipupa Road, N200.00 being general damages for trespass to the said plaintiffs land, and perpetual injunction restraining the defendant his servants and/or agents from committing further trespass on the land.
HELD
APPEAL DISMISSED
ISSUES
[1960] NSCC 12
None.
RATIONES DECIDENDI
LIMITATION OF JUDGEMENT TO ISSUES RAISED
“It cannot be over emphasised that it is an elementary and fundamental principle of the determination of disputes between parties that judgment must be confined to the issues raised by the parties. It is not competent for a court suo motu to make a case for either or both of the parties and then proceed to give judgment on the case so formulated contrary to the case of the parties” PER IGUH, J.S.C
CASES CITED
Commissioner for Works Benue State & Anor v. Devcon Development Consultants Ltd & Anor (1988) 3 NWLR (Pt. 83) 407
A.C.B. Ltd v. Attorney-General Northern Nigeria (1969) NMLR 231
STATUTES REFERRED TO
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