CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
OBASEKI JUSTICE SUPREME COURT KAWU JUSTICE SUPREME COURT ESO JUSTICE SUPREME COURT AGBAJE JUSTICE SU
PARTIES
CHIEF KALADA R. I. NTEOGWUILE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court dismissed the respondent’s chieftaincy declaration claim on the grounds that he did not prove the native law and custom of the people for making such claim. The respondent had based his claim on traditional history.
HELD
The court held that the issue of native law and custom was not pleaded and was not relied on by the respondent and that lower court was right to have set aside the decision of the trial court.
ISSUES
1. Was the Court of Appeal justified in setting aside the learned trial Judge’s determination that the declaration sought by the Plaintiff that the Otuo Family is the Royal House entitled to produce the Okan-Ama had not been conclusively proved (sic)?2. Not having disturbed the determination of the High Court that the plaintiff had failed to plead and prove the native law and custom which entitled the Otuo House or anyone else to be Okan-Ama of Unyeada, was the Court of Appeal entitled to grant the declaration sought by the Plaintiff?3. Was the Court of Appeal entitled to grant the declaration sought by the Plaintiff when the High Court did not make a finding of fact on the Plaintiff’s averment and evidence that several members of the Otuo ruled Unyeada since 1827?
RATIONES DECIDENDI
DUTY ON TRIAL JUDGE TO BASE HIS DECISION ON THE PLEADING AND EVIDENCE LED AT TRIAL
The learned trial Judge was grossly in error to have relied and based his conclusion on facts which were neither pleaded nor testified to in evidence by the parties before it. He ought to have confined himself to the questions raised by the parties to the exclusion of other questions. – Belgore J.S.C
CASES CITED
1. Ochonma vs. Unosi (1965)NMLR 321.,2. Aermacchi SPA & Ors. v. A I C Ltd. ( 1986) 2 NWLR (Pt. 23) 443; 3. African Continental Seaways Ltd. v. Nigerian Roads & General Workers Ltd. (1977) 5 S.C 235 at 248, 4. Overseas Construction Co.Ltd. v. Creek Enterprises Nig. Ltd. & Or. (1985) 12 SC 158 at 164 5. Kuti v. Balogun (1978) 1 SC. 5
STATUTES REFERRED TO
none