MADAM SAFURATU SALAMI & ORS VS SUNMONU ENIOLA OKE
July 21, 2025MRS. ELIZABETH N. ANYAEBOSI VS R. T. BRISCOE (NIG.) LTD.
July 21, 2025Legalpedia Citation: (1987-06) Legalpedia 17093 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Jun 19, 1987
Suit Number: S.C. 240/1985
CORAM
ESO, JUSTICE SUPREME COURT
ANIAGOLU, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
BELGORE, JUSTICE SUPREME COURT
PARTIES
CHIEF ADEDAPO ADEKEYE AND ORS.
APPELLANTS
CHIEF O. B. AKIN-OLUGBADE
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE- EQUITY AND TRUST-LIMITATION LAW
SUMMARY OF FACTS
The Respondent sued two Defendants in the High Court seeking amongst others, declaratory and injunctive reliefs. The matter was dismissed and the plaintiff appealed to the court of appeal which allowed the appeal, hence this present appeal.
HELD
Dismissing the appeal
ISSUES
Not Available
RATIONES DECIDENDI
MEANING OF AN AMENDMENT
An amendment is nothing but the correction of an error committed in any process, pleading or proceeding at law or in equity, and which is done either as of course or by the consent of parties or upon notice to the Court in which the proceeding is pending. Per Oputa JSC
AIM OF AMENDMENTS
The aim of an amendment is usually to prevent the manifest justice of a cause from being defeated or delayed by formal slips which arise from the inadvertence of counsel. Per Oputa JSC
PRINCIPAL REASON FOR ALLOWING AN AMENDMENT
The principal reason for allowing an amendment is to do substantial justice. It is only where the application to amend is made mala fide or if the proposed amendment would cause unnecessary delay or will in any way unfairly prejudice the other and opposite party, or where the amendment sought is quite irrelevant or useless, or would only and merely raise technical issues hat leave to amend may be refused by the Court. Per Oputa jsc
INADVERTENCE OF A COUNSEL
It will certainly be wrong to visit the inadvertence or mistake of counsel on the litigant.
CREATION OF TRUST
A trust can be expressed or Implied. When a trust is created intentionally by the act of the Settlor it is called an express trust. But where the legal title to property is in one person and the equitable right to the beneficial enjoyment of the self same property is in another, a Court of equity will from those circumstances infer an implied trust. Also a person incapable of being an express trustee may well be a trustee of an implied, resulting on constructive trust. Per Oputa JSC
IMPLIED TRUST
An implied trust is thus a trust founded upon the unexpressed but presumed intention of the settler. Per Oputa JSC
CASES CITED
William Rainy v. Alexander Bravo (1872) LR. 4 P.C.A. 287
Alhaji Sunmonu AND Ors v. Gbadamosi Ashrote (1975) 1 N.M.LR. 16 at P.23
Lagos City Council v. Ajayi (1970) 1 All N.L.R. 291 at pp. 296 and 297
Ellochin (Nig) Ltd. v. Mbadiwe (1986) 1 N.W.LR. 47
Benmax v. Austin Motor Co. Ltd. (1955) A.C. 370 at P. 375
National Society for the Distribution of Electricity etc. v. Gibbs (1900) A.C. 280 at P. 287
re Vinogradoff (1935) W.N. 68
Re Scottish Equitable Life Assurance Society (1902) 1 Ch-282:
The Venture (1908) P. 218
Shell B.P. v.Abadi (1974) 1 All N.L.R. Part 1 P.I at p. 16 (lines 27-30)
Ifezue v. Mbadugha AND anor (1984) 5 S.C.79; (1984) 1 S.C. N.LR. 427
Paul Odus anor v. Osafile AND anor (1985) 1 N.W.LR. 17
STATUTES REFERRED TO
High Court of Lagos Civil Procedure Rules
Court of Appeal Act No. 43 of 1976
1977 Supreme Court Rules
Trustee Act, 1868
Constitution of the Federal Republic of Nigeria 1979
