IBANGA AND ORS. V. USANGA AND ORS

• Pages: 118-129

IBANGA AND ORS. V. USANGA AND ORS.

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118

ANIAGOLU, J.S.C.:

I have been privileged to read in draft the judgment just

delivered by my learned brother, Sir lido Udoma. I am in complete and respectful

agreement with his reasoning and conclusion.

I would also dismiss the appeal and hereby dismiss it, with costs to the respond-

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ents assessed at N300.00.

NNAMANI, J.S.C.:

I have had the advantage of reading in draft the judgment

just delivered by my learned brother Sir Udo Udoma, J.S.C. and I entirely agree

with the reasoning and conclusions in the said judgment. I would also dismiss the

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appeal with costs to respondents as fixed in the said judgment.

UWAIS, J.S.C.:

I have had the advantage of reading in draft the judgment read

by my learned brother Sir Udo Udoma J.S.C. I entirely agree with the judgment.

I will accordingly dismiss the appeal with N300.00 costs to the respondent.

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Appeal dismissed.

IBANGA AND ORS. V. USANGA AND ORS.

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CHIEF JACOB IBANGA AND ORS.

V

25 CHIEF EDET USANGA AND ORS.

APPELLANTS

RESPONDENTS

SUIT NO. SC 62/1981

SUPREME COURT OF NIGERIA

IRIKEFE,

BELLO,

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IDIGBE,

OBASEKI,

NNAMANI,

21st May, 1982

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Practice and Procedure

arose in the course

way of amendment

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

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Pleadings

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Amendment of - Whether 'natter which

of proceedings can be incorporated into the pleadings by

-

Judgment and its binding effect.

ISSUES:

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1. Whether an issue which did not form part of a party's pleadings, but on which

evidence was given and on which counsel for the other party addressed the

court can be incorporated into the pleadings by way of amendment so that the

point can be taken upon appeal.

2. Whether a court can go outside issues specifically pleaded and enter judgment

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on facts not pleaded.

FACTS:

The appellants as representatives of Afana Nsai Village claimed against the re-

spondents, representatives of Afana Obio Eno Village a declaration of title to the

land known as Ebeto Nsai land, damages for trespass and an injunction restrain-

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ing the respondent from further acts of trespass. Although a claim for injunction

was included in the writ it was not specifically pleaded. At the trial evidence was

given of the appellants' desire for an injunction and counsel to the defendants, now

respondents, addressed the trial court on the matter, and in the process opposed

the grant of injunction. The trial court found in favour of the appellant. On appeal