CORAM
KUTIGI JUSTICE, SUPREME COURT
UWAIS JUSTICE, SUPREME COURT
WALI, JUSTICE, SUPREME COURT
OLATAWURA, JUSTICE, SUPREME COURT
OMO JUSTICE, SUPREME COURT
PARTIES
TAIYE OSHOBOJA
APPELLANTS
ALH. SURAKATU J. AMUDA & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was the defendant in an action which was brought by the respondents, as plaintiffs, in the High Court of Lagos state sitting at Ikeja claiming that the judgment of the Court given by Taylor, J., (as he then was) on the 2nd day of June, 1958 be set aside on the ground that no statement of defence had been filed.
HELD
The Supreme Court held that the assumption of jurisdiction under section 16 of the Court of Appeal Act by the court of appeal was clearly an error. The High Court, having regard to the fact that no statement of defence had been filed, could not proceed to a decision on the merits of the case.
ISSUES
Whether the Court of Appeal had jurisdiction to enter judgment for the plaintiffs on their Amended Statement of Claim after finding that the trial Judge was wrong in holding that the Amended Statement of Claim did not disclose reasonable cause of action.
Can High Court decide a case in the light of Its Civil Procedure Rules without pleadings but merely on a Statement of Claim when the defendant has not defaulted filing a Statement of Defence? The answer is simply in the negative.
RATIONES DECIDENDI
POWER OF A COURT OF APPEAL TO DEAL WITH ANY CASE BEFORE IT
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12
“There is no doubt that section 16 has given the Court of Appeal amplitude of power to deal with any case before it on appeal. The power includes the jurisdiction of a court of first instaPOWER OF A COURT OF APPEAL TO DEAL WITH ANY CASE BEFORE IT
“There is no doubt that section 16 has given the Court of Appeal amplitude of power to deal with any case before it on appeal. The power includes the jurisdiction of a court of first instance and in the present case the jurisdiction of the High court. This is not in doubt whatsoever”. Per UWAIS, JSC
nce and in the present case the jurisdiction of the High court. This is not in doubt whatsoever”. Per UWAIS, JSC
POWER OF A COURT OF APPEAL TO DEAL WITH ANY CASE BEFORE IT
It follows therefore that the Court of Appeal cannot also decide a case on a statement of claim when the statement of defence is yet to be filed. To do so will amount to not only breaching the rules of pleadings but also overreaching the defendant and thus occasioning a miscarriage of justice. The importance of pleadings in our adversary system of administration of justice cannot be overlooked. Far it is when issues are joined that a case can proceed on trial. Even then, when evidence is given which is not supported by the pleadings, it goes to no issue and will be disregarded. All these essentials cannot be sacrificed on the altar of expediency.” Per UWAIS, JSC
CASES CITED
Bello v. A. G., Oyo State, (1986)5 NWLR. (Pt. 45)828 at p. 876A
STATUTES REFERRED TO
The Court of Appeal Act