ANABARONYE V NWAKAIHE
July 4, 2025EZE IBEH VS THE STATE
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 71110
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jan 23, 1997
Suit Number: SC.134/1989
CORAM
A.B. WALI
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
O. OLATAWURA JUSTICE, SUPREME COURT
PARTIES
NWOKAFOR EJINDUCHUKWUNWIKE EJINDU IKEMEGWALU EJINDU (For themselves and on behalf of the families of Uyenu, Udechukwu and Obi families of Ikewelugo of Umuebam in Uruowulu Village, Obosi) APPELLANTS
OFOJAMA OBICHRISTOPHER UDECHUKWU NDAGBO UYENU (For themselves and on behalf of the families of Uyenu, Udecbukwu and Obi families of Ikewelugo of Umuebam in Uruowulu Village, Obosi) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
LAND LAW, TITLE, TRADITIONAL HISTORY
SUMMARY OF FACTS
The plaintiffs/appellants’ sued the defendants/respondents for the Declaration that a parcel of land is the communal property not of the defendants alone but of both the plaintiffs and Declaration that the defendants according to native law and custom have been wrongfully in possession of the same land order for recovery of possession.damages,Perpetual injunction
HELD
The net result is that this appeal is meritorious and it accordingly succeeds. I allow the appeal, set aside the decision of the court below and restore the decision of the trial court with costs assessed at N1,000.00 in this Court and N500.00 in the Court below in favour of the appellants.
ISSUES
1. Whether there was a substantial miscarriage of justice necessitating a retrial after the learned Justices of the court below had upheld all the crucial findings of fact by the trial Judge. 2. Whether the implication of payment of tribute by the 3rd plaintiff/ appellant on the land communally owned by Ebunam family and Okelue family was an issue raised in the pleadings or grounds of appeal between the parties.
RATIONES DECIDENDI
THE PURPOSE OF PLEADINGS IN CIVIL CASES
It is now clearly settled that the purpose of pleadings in civil cases is to give notice to the other side of the case he is coming to meet in court so as to enable him prepare adequately for same and avoid being taken by surprise.
PARTIES’ RIGHT OF ADDRESS WHEN AN ISSUE IS RAISED SUO MOTU
For a point or points raised suo motu as herein, the parties must be given an opportunity to address the appeal court before a decision on it or them is made by the appeal court.
CASES CITED
George v. Dominion Flour Mills Limited. (1963) 1 SCNLR 117; (1963) 1 All NLR 71 at 77.See Idika v. Erisi (1988) 2 NWLR (Pt. 78) 563Chief Frank Ebba v. Chief Warri Ogoda(1984) 1 SCNLR 372; (1984) 4 SC 84 at 112.Kuti & anor v. Jibowu & anor (1972) 6 SC 147 Okeowo v. Migliore (1979) 11 SC 138; (1979) NSCC.138 Sanusi v. Ameyogun (1992) 4 NWLR (Pt. 237) 527 at 556:
STATUTES REFERRED TO
Not Available.|
