MOHAMMED OLADAPO OJENGBEDE V. M. O. ESAN (LOJA-OKE)
June 20, 2025OBI EZE V. G. RIVERS STATE
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 11439
In the Supreme Court of Nigeria
Fri Dec 14, 2001
Suit Number: SC. 108/1991
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
EMMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT
PARTIES
1. S. O. IGBINOKPOGIE2. ENOMAMIE GUOBADIA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent instituted action with respect to the land in dispute after parties had earlier (16 years before) settled out of court in a customary court by sharing the property into two. The court of appeal reversed the decision of the trial court on the ground that the grant to the respondent was first in time.
HELD
The court allowed the appeal and held that the respondent was bound by the agreement and that the lower court was wrong in deciding the issue of priority which was not pleaded.
ISSUES
Whether the Court of Appeal reversing the decision of the learned trial Judge to the contrary was right to have made the declaration sought by the Respondent in the face of Exhibit H and the attendant delay in bringing this action in repudiation thereof.
RATIONES DECIDENDI
PARTIES AND THE COURT ARE BOUND BY THEIR PLEADINGS
Parties to any action in court are bound by their pleadings and anything outside the pleadings cannot be considered – Kalgo J.S.C
CASES CITED
1. George v. Dominion Flour Mill Limited (1963) 1 All NLR 71,
2. N.I.P.C Limited v. The Thompson Organisation (1969) 1 All NLR 138;
3. Nsirim v. Nsirim (1990) 3 NWLR (pt. 138) 285.
STATUTES REFERRED TO
None.
