OYEDIRAN & FAMILY V. AMOO & ORS

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NIGERIAN SUPREME COURT CASES [1970] N.S.C.C.

OYEDIRAN & FAMILY V. AMOO & ORS.

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YESUFU OYEDIRAN AND FAMILY

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APPELLANTS

V

TAFA AMOO AND ORS

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RESPONDENTS

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SUIT NO. SC 302/1968

SUPREME COURT OF NIGERIA

ADEMOLA,



C.J.N.

LEWIS.

SOWEMIMO,

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J.S.C.

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30th October, 1970

Land Law - Declaration - Title to land - Plaintiffs claim based on original

settlement - Trial Judge finding plaintiffs title established by grant - Court

of Appeal setting aside judgment but ordering re-trial - Whether Court of

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Appeal right in ordering re- trial instead of ordering dismissal of plaintiff's

claim.

ISSUE:

1. Whether a party to an action for declaration of title can establish title in a way

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other than that contained in the pleadings.

FACTS:

The plaintiff's claim against the defendant was for the declaration of title to a

piece of land based on original settlement. The trial Judge however, found the

plaintiff's title established by grant. The defendants appealed to the Court of Ap-

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peal of Western State which set aside the judgment of the High Court but ordered

a retrial. On appeal to the Supreme Court.

HELD:

1.

The trial Judge made orders that were not asked for and he was in error in so

doing. He also made findings that the plaintiff's title was derived from a grant

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from Timi of Ede. As the plaintiffs had not pleaded a grant and had made no

attempt to amend their pleadings to do so, they were bound by their pleadings

and should not have been found to have established title by way of grant when

they pleaded title by settlement.

2.

If the Court of Appeal of Western State had considered the matter more

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carefully it shoulc have come to that conclusion on the record before it and the

Supreme Court accordingly set aside the judgment and order of the Court of

Appeal only in so far as its ordered a re-trial and the Supreme Court ordered

that in place of that an order dismissing the plaintiff's claim be substituted.

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CASES REFERRED TO IN JUDGMENT:

1.

Adedibu v. Olofa

(1968) N.M.L.R. 462.

2.

Akaighe v. Idama

(1964), All N.L.R. 322.

3.

/Ito

v. Lawani

S.C. 224/68 OF 4th July, 1969.

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Akinjide (with him, Adejare)

for the Appellants.

Latinwa

for the Respondent.