CaseLaw
Orogan V. Soremekun (1986) CLR 11(a) (SC)
Judgement delivered on November 28th 1986
Brief
Facts
Plaintiffs as trustees of the Methodist Church of Nigeria, sued the defendants claiming a declaration of a leasehold title to a piece of land situate at Adatan, Abeokuta. damages for trespass and an injunction to re¬strain the defendants from committing further acts of trespass on the land.
The trial judge gave judgment for the plaintiffs. The defendants appealed unsuccessfully, to the Court of Appeal against that decision.
They now appealed to the Supreme Court contending that the Court of Appeal erred in law when in dismissing the defendants/appellants' appeal it relied on a matter which was not pleaded. i.e the right of the trus¬tees/respondents to enforce the proprietary rights of the Western District of the Methodist Church. This new point was not raised with the leave of the court.
Issues
What are the conditions to be satisfied before the Supreme Court will allow...