From the above it is clear that the parties are not agreed on what happened in ward 9, Sabagreia. They have therefore, joined issues on their pleadings. So, what is the legal evidence adduced on both sides in proof of the facts as each party asserted them?
— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99
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It is not for this Court to embark on an investigation to which it has not been called. It is the duty of the parties to put their facts before the courts in order for a judicial decision to be pronounced, both on the facts and the law involved.
– Sowemimo, JSC. Shodeinde v. Ahmadiyya (1983) – SC.64/1982
Counsel will do well to remember that the fate of his client’s case may well depend on the persuasive quality of his brief. The Brief is defined in Order 6, Rule 5 of the 1985 Rules as “a succinct statement of his argument in the appeal.” A mere statement of the argument is contrary to the intendment of the rule and therefore not enough.
– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)
There is authority for the proposition that a person who can take advantage of a contract can sue on it, even if no consideration has moved from him: See Smith and Snipes Hall Farm v. River Douglas Catchment Board (1949) 2 K.B. 500, p.517; Drive Yourself Hire Co. (London) Ltd. V. Strutt (1954)1 Q.B. 250, pp. 271-275.
– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)
In this regard, the law is long and well settled that where a plaintiff claims, say, a declaration of title to land or whatever, and his claim is dismissed, it will be wrong to grant the declaration to the defendant if he did not ask for it by way of counter-claim. See: Ntiaro v. Akpam 3 N.L.R. 10; Abisi v. Ekwealor (1993) 6 NWLR (Pt. 302) 643 etc. As has been pointed out repeatedly by this and other courts, courts of law are no father Christmas and they must not grant to a party a relief which he has not sought or claimed or which is more than he has claimed. see: Ekpenyong v. Nyong (1975) 2 S.C. 71 at 81-82.
– Iguh JSC. Awoniyi v. AMORC (2000)
In legal proceedings the parties, generally speaking, are the persons whose names appear on the record as plaintiffs or defendants.
– Oputa, JSC. Green v. Green (1987)
Instructively, there is no law making it compulsory for a party in a civil action to appear physically in Court. All that is necessarily required, in the best interest of good administration of justice, is that the day to day judicial schedule (Cause List) of the Court is not stultified or frustrated by non-appearance of a party before it.
– I.M.M. Saulawa JCA. Owhor v. Obodo (2020) – CA/PH/448/2017
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