CORAM

MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA

SALIHU MODIBO ALFA BELGORE, JUSTICE, SUPREME COURT

PARTIES

1. NWOPARA OGBOGU2. ANTHONY NJAKA3. AJOMIWE IYIOKU4. ANOSIKE OSUAGWU5. JOHN ANUEYIAGU6. LOUIS NWIW (For themselves and as representing Ezemenaha village of Eziama Obaire) APPELLANT(S) / DEFENDANT(S)

PLAINTIFFS / RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The claim before that Court was instituted by the plaintiffs now the respondents, against the defendants who are the appellants in this appeal claiming the sum of Five Million Naira (N5m) as exemplary damages for trespassing into Ndimbara land and Perpetual injunction. ?

HELD

The Supreme Court in this further appeal held that the defendants/appellants were firmly bound by the doctrine of issue estoppel with regard to the traditional history of the parties pleaded and upheld in the earlier suit HOR/47/75. It also held that the identity of the land was not in dispute as the plan tendered by the parties were clear enough and well related to the previous suits. The Appeal was dismissed.

ISSUES

Whether on the pleadings and the evidence in the case the lower Court was right in setting aside the judgment of the trial Court in the case and in entering judgment for the plaintiffs-respondents?” ?

RATIONES DECIDENDI

BINDINGNESS OF PLEADINGS

The principle that in a civil action tried on pleadings, parties and the Court are bound by their pleadings filed in the case. EJIWUNMI, JSC.

CASES CITED

N.I.P.C. Ltd. & Anor. V. Bank of West Africa (1962) 1 A.N.L.R. (pt.4) at p.559Kalio & Ors V. Kalio (1975) 2 S.C. 15

STATUTES REFERRED TO

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