COMMISSIONER OF POLICE MIDWESTERN STATE OF NIGERIA V. STEPHEN ORUWARE
August 11, 2025GERTRUDE ATTE V. COMMISSIONER OF POLICE
August 11, 2025Legalpedia Citation: (1974-10) Legalpedia (SC) 48418
In the Supreme Court of Nigeria
Thu Oct 24, 1974
Suit Number: SUIT No: SC. 18/1974
CORAM
GEORGE B. A. COKER JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
AYO GABRIEL IRIKEFE JUSTICE, SUPREME COURT
PARTIES
BALE ADEGBAIYE & ANOR
APPELLANTS
JOSIAH R. AKINRIMISI & ANOR
RESPONDENTS
AREA(S) OF LAW
LAND LAW – DECLARATION OF TITLE TO LAND – AMENDMENT OF PLEADINGS
SUMMARY OF FACTS
The plaintiffs sued the defendants for declaration of title to land. Pleadings were filed and evidence given by both parties. Judgment was given in favour of the plaintiffs, defendants appealed.
HELD
The appeal was allowed and the case was sent back for re trial. On appeal to the Supreme Court, the plaintiff appeal succeeded.
ISSUES
Whether an application for amendment can be taken by court after evidence has been conducted.
RATIONES DECIDENDI
FINDING OF FACT OF A TRIAL
finding of fact of a trial will not be disturbed or the appeal court unless they are perverse per COKER J.S.C
CASES CITED
A.M Akinloye & ors Vs Bello Eyiyola & anor (1968) NMLR 92 at 95
STATUTES REFERRED TO
S. 18 Court of Appeal Edict
