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CaseLaw

Woluchem V. Gudi (1981) CLR 5(b) (SC)

Judgement delivered on May 29th 1981

Brief

  • Declaration of title
  • Judgement
  • Procedure for findings
  • Evidence at variance with pleadings
  • Evidence from cross examination

Facts

The appellants (who were plaintiffs in the High Court) in 1966 filed a suit in the Port Harcourt Judicial Division of the High Court of Eastern Nigeria against the respondents (defendants in the said High Court) claiming as follows:-

  • 1
    "A declaration that the Plaintiffs are the owners and are entitled to the possession, occupation and full user of all that piece or parcel of land known as and called Ozugboko land situate in the Port Harcourt Province South of a Government acquisition known as the Trans Amadi Industrial Layout.
  • 2
    N500 damages for trespass in that in and during the month of March 1966 and continuing, the defendants broke and entered upon the said Ozugboko land and caused and continue to cause damage on the same by destroying several economic tress thereon and desecrating plaintiffs ancestral juju therein.
  • 3
    An injunction perpetually restraining the defendants, their agents, servants and/or other representatives from further interference with plaintiffs right, title possession and interest in and over the said Ozugboko land.”

Pleadings were ordered, filed and duly delivered. I shall in the course of this judgment set down only those parts of the pleadings as are relevant to the fairly narrow issues to be decided in this appeal. Both parties filed and delivered plans of the land in dispute. At the trial before Allagoa, J (as he then was) both parties gave evidence and called several witnesses in support of their respective case. The trial Judge made substantial findings of fact mostly in favour of the plaintiffs. In a reserved judgment delivered on 22nd September, 1975, the learned trial Judge gave judgment in favour of the plaintiffs (appellants in this Court) as per their claim. The defendants appealed to the Federal Court of Appeal, Enugu Judicial Division.

The Court allowed the appeal and set aside the judgment of the High Court.

The appellants appealed to the Supreme Court.

Issues

  • 1
    What should become of evidence in respect of matters not pleaded, or...
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