TUNJI BOWAJE V. MOSES ADEDIWURA
August 7, 2025OYESANMI J. AKINLEMIBOLA V. COMMISSIONER OF POLICE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 81315
In the Supreme Court of Nigeria
Fri Jun 11, 1976
Suit Number: SC. 59/1975
CORAM
ALEXANDER, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
OKAY ACHIKE JUSTICE, SUPREME COURT
PARTIES
BATA NIGERIA (SALES) LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The defendant applies to amend its statement of defence to set up a counter claim. The application was refused by the trial court on the basis that such an amendment is a fresh issue and ought to be a subject of fresh action.
HELD
The court held that the amendment ought to be allowed to include a counter claim as counter claim is part of pleadings. Moreso, no injustice would be done to the other party.
ISSUES
whether or not the addition of a counter-claim in the terms of paragraph 15 of the amended statement of defence is an amendment permissible under direction No. (1) contained in the earlier judgment of this court.
RATIONES DECIDENDI
COMMENCEMENT OF RELIEF FOR FORFEITURE
A claim by a tenant for relief from forfeiture could be commenced either by writ or originating summons or by way of a counterclaim in an action brought by the landlord…. D. A. R. ALEXANDER, CJN
WHERE AMENDMENTS WILL SECURE SUBSTANTIAL JUSTICE
It was held, in a majority decision of the West African Court of Appeal, that if substantial justice can be secured by an amendment of pleadings, such amendment should be allowed…. D. A. R. ALEXANDER, CJN
CASES CITED
Shomade and Anor. v. Ogunbiyi & Ors. 3 WACA 48
Taiwo & Ors. v. Akinwumi & Ors (1975) 4 S.C .143
STATUTES REFERRED TO
High Court Law (Cap. 49)
