Monday, 7 November 2016


The rulership of a community was in dispute the trial judge in desciding the case had copiously relied on a document that was not pleaded by the parties. On appeal the supreme court held that 'the learned trial judge was grossly in error to have relied and based his conclusion on fact which were neither pleaded nor testified to in evidence by the parties before it. He ought to have confined himself to the question raised by the parties to the exclusion of all other say the least what trial judge did with exibit 'c' is akin to an investigation out of court.

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