CaseLaw
ONYERO VS. NWADIKE
Judgement delivered on December 9th 2011
SC. 150/2004
Facts
The Plaintiff/Appellants vide a writ of Summons issued in the then East Central State High Court, Aba claimed damages for trespass and an injunction restraining the Defendant from further trespass by continuing with the building of the land in dispute between the parties.
In the Statement of Claim, the Plaintiff added the relief of a declaration of title to the land which was not originally contained in the writ of summons. This addition was made in paragraph 17(1) of the Statement of Claim.
The Defendant filed a Statement of Defence and the matter proceeded to trial. At the end of trial, learned trial Judge found for the Appellants on the claim for trespass and injunction but struck out the relief for a declaration of title to land contained in the Statement of Claim on the basis that the Plaintiff ought to amend the writ of summons so as to bring in the contents of paragraph 17(1) of the Statement of Claim.
Aggrieved by the portion of the judgment in which learned trial Judge struck out paragraph 17(1) of the Statement of Claim, the Plaintiffs appealed to the Court of Appeal. The Court of Appeal allowed the appeal, set aside the trial Court's judgment and ordered a trial de novo.
Dissatisfied, the Appellants further appealed to the Supreme Court.
Issues
Whether the learned Justices of the Court of Appeal were right in setting aside...