OGUNSOLA AJADI V ALHAJI LADUNNI OKENIHUN
July 23, 2025A. ANYAOKE & ORS V DR F. ADI & ORS
July 23, 2025Legalpedia Citation: (1985) Legalpedia (SC) 11541
In the Supreme Court of Nigeria
Fri Apr 12, 1985
Suit Number: SC. 14/1984
CORAM
OBASEKI , JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
KAWU, JUSTICE, SUPREME COURT
OPUTA, JUSTICE, SUPREME COURT
PARTIES
RAMONU ATOLAGBE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed for Five hundred Naira (N500.00) (sic) as general damages for trespass committed by the respondent on the appellant’s land at Ezeagwu Street, Ojo Road, Ajegunle, Apapa, Injunction restraining the respondent, his servants, agents and privies from further acts of trespass on the appellant’s land at Ezeagwu Street, Ojo Road, Ajegunle Apapa
HELD
APPEAL DISMISSED
ISSUES
None.
RATIONES DECIDENDI
MEANING OF FAIR TRIAL
“The fairness of a trial can be tested by the maxim audi alteram partem. Either party must be given an opportunity of being heard, but a party cannot be expected to prepare for the unknown; and the aim of pleadings is to give notice of the case to be met, which enables either party to prepare his evidence and arguments upon the issues raised by the pleadings, and saves either side from being taken by surprise. The plaintiff will and indeed must confine his evidence to those issues; but the cardinal point is the avoidance of surprise.” PER COKER J.S.C
CASES CITED
George & Ors v Dominion Flour Mills Ltd. (1903) 1 All N.L.R. 71 said at p.77
STATUTES REFERRED TO
