CHIEF MRS F. AKINTOLA & ANOR VS MRS C.F.A.D SOLANO
July 22, 2025AMUSA OPOOLA ADIO & ANOR VS THE STATE
July 22, 2025Legalpedia Citation: (1986) Legalpedia (SC) 81399
In the Supreme Court of Nigeria
Fri Apr 18, 1986
Suit Number: SC. 85/1982
CORAM
ANIAGOLU,JUSTICE, SUPREME COURT
PARTIES
OTUAHA AKPAPUNAMISSION JEBOSAOKELEKE ODIWEOTUAHA NIBOKWU. (For themselves and on behalf of the people) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs are people of OBOMKPA Town in ASABA, they inherited a large expanse of land from one ANA GBA, which the defendants claim ownership to.
HELD
The Court held that the judgment of the Federal Court of Appeal dated 2nd December, 1981 decreeing title and injunction in favour of the respondents herein in respect of the land in dispute as per exhibit “A” (plaintiffs/respondents plan) is hereby set aside. That portion of the Federal Court of Appeals judgment dismissing the claim for damages for trespass is affirmed (it being a substitution for the order of non-suit erroneously made by the trial court). Accordingly the decision of the High Court of Bendel State (MOJE BARE, J.) in this matter dated 9th February, 1979 dismissing the claims of the respondents herein for title and injunction is hereby affirmed subject to the variation set out above in the Federal Court of Appeal. The appellants are awarded N300.00 costs against the respondents.
ISSUES
NONE
RATIONES DECIDENDI
BINDINGNESS OF PLEADINGS
“It is trite law that issues are tried on the parties pleadings and the parties are to be bound thereby.”
CASES CITED
1.KOJO vs. BONSIE 1957 1 WLR. 1223, 1226
2. CRAIG vs. CRAIG (1967) NMLR. 51
3. GEORGE & 2 ORS. vs. DOMINION FLOUR MILLS LTD. (1963) 1 ALL NLR. P. 71
4. NIPC. vTHOMPSON (1969) NMLR. P.99
5. EMEGOKWUE VS. OKADIGBO (1973) 4 SC. P.113
6. SHELL B.P. LTD. vs. ABEDI & ORS. (1974) 1 ALL N.LR. P.1.
STATUTES REFERRED TO
