OKAGBUE & 2 ORS. V. ROMAINE

• Pages: 130-142

OKAGBUE & ORS. V. ROMAINE

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130

OKAGBUE & ORS. V. ROMAINE

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FRANCIS IKWUNE OKAGBUE & 2 ORS

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APPELLANTS

V

10 JANET ROMAINE

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RESPONDENT

SUIT NO. SC 63/1981

SUPREME COURT OF NIGERIA

IRIKEFE,

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J.S.C.

BELLO,

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J.S.C.

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IDIGBE,

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J.S.C.

OBASEKI,

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J.S.C.

NNAMANI,

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J.S.C.

21st May, 1982

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Evidence - Evidence that "goes to no issue" - Meaning - Unpleaded facts tending

to prove facts in issue in pleadings - Relevance at trial

Land Law - Trespass - Invitee - Liability as trespasser where limits of his

invitation exceeded.

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ISSUES:

1.

Whether a party can sue a person who came into his property lawfully in

trespass when such person has overstayed his welcome.

2.

Whether evidence which, though not pleaded, is received at the trial, can be

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said to go to no issue.

FACTS

The plaintiff/respondent, claimec, damages for trespass to land, and an injunc-

tion restraining the appellants from erecting any building on said land or doing

anything inconsistent with the plaintiff's rights over said land. The defendants

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claimed that they were invitees or licenses on the land and that they could not there-

fore be sued as trespassers. The plaintiff claimed that the defendants had ex-

ceeded the purpose for which she invited them into the land. The trial Judge after

reviewing the evidence, held in favour of the plaintiff. The defendants appealed

to the Federal Court of Appeal, contending that the trial Judge's decision was based

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on findings of fact based on evidence which should have been disregarded as it

went to no issue. The appeal was dismissed and they thereupon appealed to the

Supreme Court.

HELD:

1.

There is no merit whatsoever ,n the appeal, and it is accordingly dismissed.

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The respondent's evidence was on facts pleaded in the Statement of Claim. A

person who is brought on land for a purpose, and then exceeds the purpose

for which he was brought unto the land, ceases to be a licencee and becomes

a trespasser.

2.

The expression "evidence in respect of matters not pleaded goes to no issue"

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is only confirmatory of the well known principle of pleading that a party to an

action must plead the material facts on which he relies. This rule of pleading

does not (and has never) require(d) a party to plead the evidence by which the

material facts are to be proved. The respondents evidence complained of by

the appellants, was on fact she pleaded in the statement of claim and