EMANKHU ADDEH V

BIMBO ONAKOMAIYA

COURT OF APPEAL (LAGOS DIVISION ) SAMUEL CHUKWUDUMEBI OSEJI JCA (Presided ) ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA (Read the Lead Judgment) JAMILU YAMMAMA TUKUR JCA

CA/L/636/08 TUESDAY, 28 JUNE 2016

ACTION - Counterclaim - Nature of - Need for proof of CONTRACT - ‘Subject to contract’ - Meaning and effect of CONTRACT - Agreement - Meaning of - Valid contract - What constitutes DAMAGES - Special damages - Item of - Duty on claimant to strictly prove EVIDENCE - Pleadings - Averments therein - Whether can be substituted for evidence - Evidence at variance with pleadings - Effect of - Exception to PLEADINGS - Averments therein - Whether can be substituted for evidence - Evidence at variance with pleadings - Effect of - Exception to PLEADINGS - Issues raised in - Duty on court to confine itself to - Joinder of issues therein - Role of court thereto PRACTICE AND PROCEDURE - Issues raised in pleadings - Duty of court to confine itself to - Joinder of issues - Role…