CORAM

IRIKEFE,JUSTICE, SUPREME COURT

NIKI TOBI(Dissenting Judgment) JUSTICE, SUPREME COURT

PARTIES

1. CHIEF EDMUND I. AKANINWO2. ELIJAH OLUDI3. G. N. EDEM4. O. O. WORGU5. E. BROWN(For themselves and on behalf of other members of Ogbakor Rumueme Organization)

PLAINTIFFS / RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondents brought an action against the Appellants for a declaratory relief and perpetual injunction. The appellants applied for an amendment of their pleadings, the learned trial Judge refused the application. He entered judgment in favour of the Respondents. An appeal to the Court of Appeal was dismissed, hence this present appeal.

HELD

Appeal allowed. The Supreme Court held that the refusal of the trial judge of the application for amendment of pleadings was wrong

ISSUES

1.    Were the learned Justices of the Court of Appeal right when they upheld the ruling of the learned trial judge dismissing the Defendants application for amendment at a stage when the Plaintiffs were yet to close their case? If answered in the negative has the failure to grant the Defendants’ application for amendment occasioned any miscarriage of justice?2.   Were the learned Justices of the Court of Appeal right when they held that there was nothing inequitable in granting the reliefs sought by the Plaintiffs?3.   Were the learned Justices of the Court of Appeal right when they held that Exhibits ‘A’ & ‘B’ were legally admissible in instant proceedings and that they constituted admissions against the Defendants?

RATIONES DECIDENDI

CASES CITED

1. Oguntimehin v. Gubere & Anor. (1964) 1 All N.L.R. 176 at 1802. Chief Adedapo Adekeye & Anor. v. Chief O. B. Akin Olugbae (1987) 6 S.C. 268 at 280 – 2813. Buhari v. Obasanjo (2003) 11 SCM, 89; (2003) 17 N.W.L.R. (Pt. 850) 587 at 660.4. Vincent Bello v. Magnus Eweka (1981) 1 S.C 101;5. Okedare v. Adebara (1994) 6 N.W.L.R. (Pt. 349) 157 at 185;6. Qua Vadis Hotels and Restaurants Limited v. Commissioner of Lands Midwestern State & Others (1973) 6 SC 71 at 96;7. Agbaje v. Agboluaje (1970) 1 All N.L.R 21 at 26

STATUTES REFERRED TO

NONE

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