IHEAGUTA U. NWAGWU & ANOR V OHAZURIKE OKONKWO & ORS
July 21, 2025CHIEF ADEDAPO ADEKEYE AND ORS. VS CHIEF O. B. AKIN-OLUGBADE
July 21, 2025Legalpedia Citation: (1987-02) Legalpedia (SC) 61041
In the Supreme Court of Nigeria
Thu Jul 2, 1987
Suit Number: SC.236/1985
CORAM
ANDREW OTUTU OBASEKI, JUSTICE, SUPREME COURT
SAIDU KAWU, JUSTICE, SUPREME COURT
ANTHONY NNAEMEZIE ANIAGOLU, JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
CHUKWUDIFU AKUNNE OPUTA, JUSTICE, SUPREME COURT
PARTIES
MADAM SAFURATU SALAMI
SALAWU ADENIJI
YESUFU OGUNDELE LADIPO IGE
APPELLANTS
SUNMONU ENIOLA OKE
RESPONDENTS
AREA(S) OF LAW
LAND LAW-PLEADINGS-PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The respondent sued the appellants for declaration of title, forfeiture of the appellants customary tenancy, arrears for ishakole and injunction. The trial judge after hearing evidence, allowed the claims. An appeal to the court of appeal was dismissed, hence this present appeal.
HELD
Dismissing the appeal
ISSUES
(1) Whether in view of the provisions of the Land Use Act, 1978, the Court of Appeal was in error in affirming the order of forfeiture and injunction made against the appellants, and
(2) Whether the trial Court based its decision on the appellants original Statement of Defence which had been amended.
RATIONES DECIDENDI
FINDING ON A MERE AVERMENT IN THE PLEADINGS
A trial court is not expected to and in fact, should not make a finding on a mere averment in the pleadings, as an averment is no evidence. There must be some cogent evidence adduced in support of an averment before a finding can be properly made. Per Kawu JSC
AMENDMENT OF PLEADINGS
In civil cases, a party is entitled to amend his pleadings so as to enable the trial court decide the real issue or issues in controversy between the parties. Per Kawu JSC
CASES CITED
Kojo 11 v. Bonsie & Anor (1957) 1 W.L.R. 1123
Agedegudu v. Ajenifuja (1963) 1 ANLR 109 at 115
Rotimi & Ors Vs. McGregor (1974) 11 SC 133 at p. 152
Warner Vs. Sampson & Anor (1959) 1 Q.B. 297 at p.321
Government of Mid-West v. Mid-Motors (1977) 10 SC 43) at p.56
Snead v. Wotherton Barytes & Lead Mining Co. (1904) 1 KB 295
Mogo Chinwendu v. Nwanegbo Mbamali 1980 3/4 S.C. 31
Ukpe Ibodo v. Enarofia & Ors (1980) 7 S.C. 42 I
STATUTES REFERRED TO
Land Use Act, 1978
