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.