BARTHOLOMEW ONWUBUARIRI & 3 ORS v. ISAAC IGBOASOIYI & 4 ORS.

SUBJECT MATTER-

COURT – Primary duty of a trial court.

COURT –     When the findings of a lower court will be set aside by an appellate court.

LAND LAW – Title to land –  whether it suffices to prove ones title by only one means.

PLEADINGS –  Effect of failure to tender necessary evidence in support of averment in pleading.

PRACTICE AND PROCEDURE – Action for declarative relief- Need for applicant to prove his case.

PRACTICE AND PROCEDURE – The circumstances under which an appellate court can receive additional evidence.

‘In other words, an admission of additional evidence on appeal in support of a pleading which was deemed abandoned by the lower court is the only way by which the principle of abandoned pleading following the non tendering of a pleaded document can be circumvented by law.’

–          per W.S.N Onnoghen.JSC.

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