ATTORNEY-GENERAL EAST-CENTRAL STATE & ANOR VS GODFREY UGWUH
August 8, 2025ALHAJI RAUPH O. GAJI VS THE STATE
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 61191
In the Supreme Court of Nigeria
Tue Jun 3, 1975
Suit Number: SC. 434/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
MR. SOLANA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
There was an appeal against the judgment of the Lagos State High Court, in which the court granted the claim of the 1st plaintiff to a declaration of title to a property but dismissed the claims for damages for trespass and injunction. The court also ordered the defendant to give up possession of the said property to the 1st plaintiff.
HELD
The Supreme Court held that the defendant failed in all the complaints against the judgment of the lower court.
ISSUES
Whether the conveyance of the plaintiff was duly executed
RATIONES DECIDENDI
STATUS FACTS ADMITTED OR DEEMED TO BE ADMITTED BY RULES OF COURT
“Where facts are directly admitted or deemed to be admitted as provided for in our rules of civil procedure dealing with pleadings, such averments do not need to be proved. We do not intend in this judgment to give an exhaustive consideration to the question of whether execution of a conveyance or other form of deed of title is necessarily an ingredient in civil cases tried on pleadings. It is safe to say that the court will always limit a trial to triable issues raised in the pleadings.” Per SOWEMIMO, JSC
CASES CITED
None
STATUTES REFERRED TO
The Evidence Act
