May 15, 2025
Legalpedia Citation: (2013-05) Legalpedia (SC) 84164 In the Supreme Court of Nigeria Fri May 10, 2013 Suit Number: SC. 216/2004 CORAM CLARA BATA OGUNBIYI, JUSTICE, SUPREME COURT […]
CORAM
CLARA BATA OGUNBIYI, JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI, JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI, JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE ,SUPREME COURT
SUNDAY AKINOLA AKINTAN(Dissenting Judgment) JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI, JUSTICE, SUPREME COURT
PARTIES
SULE EYIGEBE APPELLANTS
MUSA IYAJI
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent as the plaintiff at the trial court instituted an action against the appellant/ defendant for declaration of title to land, the trial court declared the respondent as then plaintiff owner of the land, dissatisfied with the decision of the trial court he appealed to the lower court, the lower court allowed the appeal and set aside decision of the trial court. Hence the appellant appealed to the Supreme Court.
HELD
Appeal dismissed.
ISSUES
1. Whether the Court of Appeal was right in setting aside orders 3 and 4 of the High Court Idah, which was the sole complaint before the court?
RATIONES DECIDENDI
APPEAL-THE JURISDICTIONAL POWER OF THE SUPREME COURT TO HEAR AN APPEAL
“The law is well crystallized that it does not lie within the jurisdiction of this court to hear appeals from the State High Courts, but those from the Court of Appeal.” PER CLARA BATA OGUNBIYI, JSC
CONSEQUENTIAL ORDER-POWER OF COURT TO MAKE CONSEQUENTIAL ORDER
“It is within the power of every court and in fact its duty and obligation to make consequential orders in the interest of justice; it is also irrelevant that, that particular order was not specifically asked for.” PER CLARA BATA OGUNBIYI, JSC
RELIEF- POWER OF THE COURT TO GRANT A RELIEF NOT CLAIMED BY A PARTY
“The law is well settled that it does not lie within the power of a court to grant a relief not claimed by a party on his pleadings.” PER CLARA BATA OGUNBIYI, JSC
CONSEQUENTIAL ORDERS-NATURE OF A CONSEQUENTIAL ORDER.
“Where a principal order sought was refused by a court, an incidental order cannot be made. This is because a consequential order by its very nature is predicated on a principal order, without which it must crumble. In other words it ought to be cut off/or severed.” PER CLARA BATA OGUNBIYI, JSC
CONSEQUENTIAL ORDER-PURPOSE OF CONSEQUENTIAL ORDER
“The purpose of a consequential order is to give effect to the judgment. It must therefore flow from the circumstances of the decision of the court. It must not be at a cross purpose or in any way contradictory to the decision of the court.” PER CLARA BATA OGUNBIYI, JSC
APPEAL- STATUS OF AN APPEAL
“The law is also trite and well settled that an appeal is a continuation of the case instituted at the trial court. The final end result of an appeal cannot reflect or produce a relief different from that which originated at the trial inception. “PER CLARA BATA OGUNBIYI, JSC
GROUND OF APPEAL-ISSUES MUST BE FORMULATED FROM GROUNDS OF APPEAL
“The law is very well settled in plethora of authorities that issues must be formulated from grounds of appeal which in turn must also derive from ratio decidendi of the judgment appealed against.” PER CLARA BATA OGUNBIYI, JSC
PLEADINGS- STATUS OF AVERMENTS ON PLEADINGS VIS-À-VIS EVIDENCE
“The law is further well settled that averments on pleadings do not take the place of evidence.” PER CLARA BATA OGUNBIYI, JSC.
CONSEQUENTIAL ORDER-MEANING/NATURE OF CONSEQUENTIAL ORDER
“A consequential order is not one merely incidental to the decision but one which necessarily flow directly and naturally there from; it is inevitable and consequent upon the decision made by the court: It must in other words give effect to the judgment already given and not a granting of fresh and unclaimed or un proven relief. It can only relate to matters adjudicated upon. Where it flowed from nothing decided, as it is in the case at hand, die subsequent orders made must be nullified.” PER CLARA BATA OGUNBIYI, JSC
CONSEQUENTIAL ORDERS-NATURE OF A CONSEQUENTIAL ORDER.
“Where a principal order sought was refused by a court, an incidental order cannot be made. This is because a consequential order by its very nature is predicated on a principal order, without which it must crumble. In other words it ought to be cut off/or severed.” PER CLARA BATA OGUNBIYI, JSC
APPEAL-THE JURISDICTIONAL POWER OF THE SUPREME COURT TO HEAR AN APPEAL
“The law is well crystallized that it does not lie within the jurisdiction of this court to hear appeals from the State High Courts, but those from the Court of Appeal.” PER CLARA BATA OGUNBIYI, JSC
RELIEF- POWER OF THE COURT TO GRANT A RELIEF NOT CLAIMED BY A PARTY
“The law is well settled that it does not lie within the power of a court to grant a relief not claimed by a party on his pleadings.” PER CLARA BATA OGUNBIYI, JSC
GROUND OF APPEAL-ISSUES MUST BE FORMULATED FROM GROUNDS OF APPEAL
“The law is very well settled in plethora of authorities that issues must be formulated from grounds of appeal which in turn must also derive from ratio decidendi of the judgment appealed against.” PER CLARA BATA OGUNBIYI, JSC
APPEAL- STATUS OF AN APPEAL
“The law is also trite and well settled that an appeal is a continuation of the case instituted at the trial court. The final end result of an appeal cannot reflect or produce a relief different from that which originated at the trial inception. “PER CLARA BATA OGUNBIYI, JSC
CONSEQUENTIAL ORDER-POWER OF COURT TO MAKE CONSEQUENTIAL ORDER
“It is within the power of every court and in fact its duty and obligation to make consequential orders in the interest of justice; it is also irrelevant that, that particular order was not specifically asked for.” PER CLARA BATA OGUNBIYI, JSC
CONSEQUENTIAL ORDER-MEANING/NATURE OF CONSEQUENTIAL ORDER
“A consequential order is not one merely incidental to the decision but one which necessarily flow directly and naturally there from; it is inevitable and consequent upon the decision made by the court: It must in other words give effect to the judgment already given and not a granting of fresh and unclaimed or un proven relief. It can only relate to matters adjudicated upon. Where it flowed from nothing decided, as it is in the case at hand, die subsequent orders made must be nullified.” PER CLARA BATA OGUNBIYI, JSC
PLEADINGS- STATUS OF AVERMENTS ON PLEADINGS VIS-À-VIS EVIDENCE
“The law is further well settled that averments on pleadings do not take the place of evidence.” PER CLARA BATA OGUNBIYI, JSC.
CONSEQUENTIAL ORDER-PURPOSE OF CONSEQUENTIAL ORDER
“The purpose of a consequential order is to give effect to the judgment. It must therefore flow from the circumstances of the decision of the court. It must not be at a cross purpose or in any way contradictory to the decision of the court.” PER CLARA BATA OGUNBIYI, JSC
CASES CITED
Awuse V. Odili (2004) 8 NWLR (pt. 874-876) p. 494 at p. 524 Odif’e V. Aniemeka (1992) 7 NWLR (Pt. 251) 25 K.T.O. V. Unicalabar 2004 4 SCNJ 121 at 138 Adake V. Adamu Akun 2003 7 SCNJ 59 Edebiri V. Edebiri (1997) 49 LRCN 919 at 940 Musa lyaji V Eyigebe SC 232/1984 reported in (1987) NWLR (Pt 30) 523 Chikere V. Okegbe 2000 (7 SC NJ) 128 at 145. Dr. M.T.A. Liman V. Alhaji Mohammed (1999) 6 SC NJ 142 Henry O. Awoniyi V. ARMOC 2002 6SC NJ 141
STATUTES REFERRED TO
NONE