CORAM

PARTIES

OKE- ALHAJI S.A. KADIRI SULE OSUMBA KASALI ARE ALIHU IMAM SAFURATU AGBEGIRA SANNI OKUMOYE IYANADU IDOWU CHIEF ODUNLAMI ARO JIMOH OLAYEMI BALOGUN (DEAD) YEKINI SAIBU AKINTEMI AKERELE SIKIRU APANISILE NASIRU JAGUN APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff claimed for declaration of title to a piece of land and damages for trespass against the defendant. The trial judge dismissed the plaintiffs claim despite the fact that the defendants had conceded that the property rightly belonged to the plaintiff.

HELD

The Supreme Court held that learned trial judge erroneously found that in spite of the admission by the defendant of the plaintiffs title, it is still the duty of the plaintiffs to establish such a title.

ISSUES

Whether the defendant had proved lawful possession

RATIONES DECIDENDI

RESTRICTION OF JUDGEMENTS TO PLEADINGS

“It is a settled principle, that where a trial is conducted on the basis of pleadings, a judgment of the trial court shall be based on issues raised or joined in such pleadings. Legal evidence given, which is not referable to the pleadings should not be admitted because it goes to no issue, and where admitted inadvertently, should be ignored and expunged from the record for the purpose of making findings of fact.” Per SOWEMIMO, JSC

CASES CITED

Thomas v. Preston Holder 12 WACA 78

Elias v. Suleimon & Ors. (1973) 12 S.C. page 113

STATUTES REFERRED TO

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