Just Decided Cases

MADAM SAFURATU SALAMI & ORS VS SUNMONU ENIOLA OKE

Legalpedia 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

 


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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