(1975) JELR 44452 (SC)    
Supreme Court  ·  SC.306/1974 ·  12 Dec 1975 ·  Nigeria
Other Citations
DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHARLES O. MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
statement of defence
native authorities of imore town
title of the plaintiffs
administrators of the estate of jinadu molake
jinadu molake
declaration of title
important point
interpleader summons
mortgage deed
native authorities
strong evidence
chief f.r.a. williams
exclusive owner of the property
exclusive possession of the land
farm lands
lower court
own possession
particulars of misdirection
admitted fact
ample evidence of acts of ownership
area of the land
burden of proof shifts
claims of the plaintiffs
clear authority
findings of fact
following facts
following observation
g. s. sowemimo
judgment of the trial court
late l. a. cardoso
leading judgment
legal consequences
legal evidence
mortgagee of the land
native customary law
party of a property
penultimate paragraph of his judgment
piece of land
portion of the judgment
rival party
said facts
such admission
such pleadings
totality of the evidence
trial court

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In this appeal, certain submissions were made which impel us to re-state generally the rules governing pleadings to which this court had in several appeals drawn attention as guidelines. It is a settled principle, that where a trial is conducted on the basis of pleadings, a judgment of the trial court shall be based on issues raised or joined in such pleadings. Legal evidence given, which is not referable to the pleadings should not be admitted because it goes to no issue, and where admitted inadvertently, should be ignored and expunged from the record for the purpose of making findings of fact. Along with this settled principle is that which affects a rival party who has admitted the ownership by the other party of a property claimed; effect should be given to such admission not only in regard to the admitted fact but also its legal consequences; as in this case, the burden of proof shifts from one party to the other. The form…

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