THE STATE VS MUSA DANJUMA
July 3, 2025ADEWALE ALABI EBOADE & ANOR VS RAUFU OLANIYAN ATOMESIN & ANOR
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 11191
In the Supreme Court of Nigeria
Fri May 9, 1997
Suit Number: SC.288/1990.
CORAM
SUNDAY JAMES ETE, JUSTICE COURT OF APPEAL
SUNDAY JAMES ETE, JUSTICE COURT OF APPEAL
NASIR, JUSTICE COURT OF APPEAL
EMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT
PARTIES
1: HIS HIGHNESS ISAAC BOYI UMUKORO2. CHIEF GEORGE AGUNU3. AKPOTOGHERI ABINOGUN4. FINE BOY OGINI5. BOB ADEFE6. OKUEYIDE OROUBIGHO7. AMIWERO AMUBEJERO8. DAVID AGBAKUYOMI(For themselves and on behalf of seventy-seven Raffia Crop Owners at Umuno Island at Ogharefe) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff/appellants instituted an action against the defendant/respondents claiming compensation amongst other reliefs. The Trial Court held that the action was statute barred and dismissed it. He appealed to the Court of Appeal, which dismissed the appeal unanimously. Still dissatisfied, he has appealed to this Court.
HELD
The end result is that this appeal has no merit whatsoever. Both the High Court and the Court of Appeal were right when they held that section 97( I) & (2) of the Ports Act (supra) applied in this case and that plaintiffs’ claims are statute barred. The appeal is accordingly dismissed with costs of N1,000.00 to each set of defendants.
ISSUES
Issue (1) is concerned with the interpretation and effect of section 97(1) & (2) of the Ports Act, while issues (ii), (iii) & (iv) respectively ask whether the plaintiffs could have sued the defendants for trespass, whether the 1st defendant had power under the Act to construct or build the port complex and whether there was a contract between the plaintiffs and the 1st defendant.
RATIONES DECIDENDI
PARTIES ARE BOUND BY THEIR PLEADINGS
It is trite that parties are bound by their pleadings and that evidence which is at variance with the pleadings must be discountenanced as they go to no issue. Per KUTIGI JSC
PARTIES ARE BOUND BY THEIR PLEADINGS
It is also trite that it is not open to a party to depart from his pleadings and put up a different case from the one pleaded just as it is not competent for a court of law to depart from the pleaded case to find on that which is never pleaded. Per KUTIGI JSC
CASES CITED
Emegokwue v. Okadigbo ( 1973) 4 SC. 113Lemomu v. Alli-Balogun (1975) 3 SC. 87Nigeria Broadcastinq Corporation r. Bankole (1972) 4 SC 94 at 101-103: (1972) 1 All NLR (Pt. 1) 327
STATUTES REFERRED TO
The Supreme Court Rules, 1985.The Ports Act,
