OLATAWURA, J.S.C. (Delivering the Leading Judgment): This appeal brings once again into sharp focus the importance of pleadings and the principle that a party should not be allowed to depart from his pleadings without amendment to the pleadings. It is a case fought by a section or a branch of Medusope family claiming absolute title and possession to a land in dispute as against the present appellant who claimed to have bought the land from the entire family of Medusope and of which she is a member. She also filed a counter-claim. The question of the identity of the land in dispute was not an issue in the court of trial. The case was fought principally on whether the land in dispute belongs absolutely to a section of the family. I will in the course of this judgment reproduce some paragraphs of the pleadings on both sides so as to show that from the case put across on either side no one should be misled about the issues before this court.
The case of respondents who were plaintiffs at …