NATIONAL BANK OF NIGERIA LTD. VS THE ARE BROTHERS (NIGERIA) LTD
August 6, 2025BUSARI DEPOJU AKANDE V SIDIKATU AWERO & ANOR
August 6, 2025Legalpedia Citation: (1977-06) Legalpedia (SC) 11777
In the Supreme Court of Nigeria
Fri Jun 24, 1977
Suit Number: SC. 434/1975
CORAM
UDOMA, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
MADAM ISABELLA AKINBAMBI
P.A. AJAYI
J.A. OYETAYO
ABDUL RAMONU LATUNDE
APPELLANTS
OMOTAYO DANIEL
ADUKE WILLIAMS
AINA THOMAS (Substituted for J.A. Daniel (deceased))
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE-PLEADINGS -PROOF
SUMMARY OF FACTS
The appellant claimed to have leased out plots of land to the respondent but the respondent contended that the plots of land were given absolutely to them in accordance with native law and custom.
HELD
The court held that the land had been granted to the respondent by the appellant absolutely under native law and custom.
ISSUES
Whether there was no proof of the land held to have been granted absolutely to the Agia family by the Onitire family in suit I/108/55 and that unless the plan of the land tendered in that suit was before the court, then the respondents as plaintiffs could not be held to have proved their claim.
RATIONES DECIDENDI
PARTIES ARE BOUND BY THEIR PLEADINGS
parties are bound by the triable issues raised in their pleadings at a trial. PER SOWEMIMO JSC
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
