ALHAJI A.W. AKIBU V. JOSEPH OPALEYE & ANOR
August 9, 2025CHIEF Y. ABIODUN V. CHIEF D. FASANYA
August 9, 2025Legalpedia Citation: (1974-11) Legalpedia (SC) 85734
In the Supreme Court of Nigeria
Thu Nov 21, 1974
Suit Number: SC. 112/1970
CORAM
SIR UDO UDOMA, JUSTICE, SUPREME COURT
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
COLONEL OLU ROTIMI
A. O. OBIKOYA
R. BALOGU
APPELLANTS
MRS. F. O. MACGREGOR
RESPONDENTS
AREA(S) OF LAW
DECLARATION OF TITLE TO LAND – PLEADINGS
SUMMARY OF FACTS
The Plaintiff/Cross appellant amended her statement of claim to include a deed of rectification executed after the commencement of the suit which explained the source of her title. The defendants/appellants did not specifically deny the fact in their defence.
HELD
The court held that the amendment did not create a fresh cause of action and that the plaintiff/cross appellant was entitled to a declaration of title to the land.
ISSUES
Whether the plaintiff/cross appellant was entitled to a declaration of title to the land in dispute.
RATIONES DECIDENDI
EFFECT OF AMENDED PLEADINGS
Once pleadings are amended, what stood before amendment is no longer material before the court and no longer defines the issues to be tried. Per Coker J.S.C
CASES CITED
Warner v. Sampson & Anor. (1959) 1 Q. B. 297 at p.321
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1963
