SYLVANUS ODIFE VS GEOFREY ANIEMEKA
July 10, 2025ALHAJI S. ABDULKARIM VS INCAR
July 10, 2025Legalpedia Citation: (1992) Legalpedia (SC) 61149
In the Supreme Court of Nigeria
Fri Jul 24, 1992
Suit Number: SC 8/1990
CORAM
IKECHI FRANCIS OGBUAGU(Lead Judgment) , JUSTICE SUPREME COURT
NIKI TOBIJ, USTICE, SUPREME COURT
MICHEAL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
EMMANUEL OBIOMA OGWUEGBU OGWUEGBU JUSTICE, SUPREME COURT
PARTIES
MICHAEL A. NDIWE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs brought an action against the claiming a declaration that the plaintiffs are entitled to the Customary Right of Occupancy of the piece of land in dispute, an order of perpetual injunction restraining the defendant from interfering with the plaintiff’s customary right of occupancy and use and enjoyment of the said land. After pleadings were filed and exchanged, the defendant applied to the trial court by way of motion for the question of res judicata to be tried as a preliminary issue.
HELD
The Supreme Court held that the Court of Appeal was wrong in allowing the appeal on the basis of an issue not canvassed before them and for which the parties were not given a hearing.
ISSUES
Whether the Court of Appeal could properly decide the appeal before it on an issue not raised in the grounds of appeal and without giving the parties a hearing on the issue.
RATIONES DECIDENDI
DECISION BASED ON ISSUE NOT RAISED IN GROUNDS OF APPEAL
“When the Court of Appeal felt inclined to raise such a point for any reason, it should have given the parties an opportunity of making their comments upon it before it took a decision on the issue.” Per OGWUEGBU, JSC
CASES CITED
Aermacchi S.P.A. & Ors v. A.LC. Ltd. (1986)2 NWLR. (pt.23) 443 at 449Kuti v. Balogun (1978) 1 SC. 53 at 60Irir v. Erhurhobara (1991) 2 NW LR. (pt. 173)252 at 265.
STATUTES REFERRED TO
None
