B. AKANDE AND ANOTHER VS A. AKANDE AND OTHERS
August 29, 2025DEMUREN Z. O. VS ASHIMI ASUNI & S. SOGUNRO
August 29, 2025Legalpedia Citation: (1967-03) Legalpedia 23691 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Mar 10, 1967
Suit Number: SC 92/1964
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
DANIEL ASIYANBI AND OTHERS
APPELLANTS
EMMANUEL AWE ADENIJI
RESPONDENTS
AREA(S) OF LAW
APPEAL – COURT-SLIP RULE
SUMMARY OF FACTS
The applicants filed an application urging the court to amend its judgment under the slip rule on the ground that it had made a mistake of fact in stating that the counterclaim was not appealed.
HELD
The court held that the power of the court to amend its judgment does not empower it to rehear or amend the substance of the judgment as sought by the applicants and that in any case miscarriage of justice was shown.
ISSUES
Whether the court can exercise its power to amend its judgment in the circumstances of this case.
RATIONES DECIDENDI
CORRECTION OF ERRORS IN JUDGMENTS
1. ‘The Court while able to correct a misnomer or mis-description under the “Slip Rule” will not under that Rule, whether in the exercise of its inherent jurisdiction or by the powers conferred by the Rule of Court, vary a judgment or order which correctly represents what the court decided nor will it vary the operative and substantive part of its judgment so as to substitute a different form.’ Per Coker J.S.C
POWER OF COURTS TO AMEND ORDERS
2. ‘The court’s inherent jurisdiction to amend an order already drawn up is limited to cases where the order as drawn up does not correctly state what the court actually decided and intended by its judgment.’ Per Coker J.S.C
CASES CITED
1. Re Swire, Mellor v. Swire (1885) 30 Ch. D. 239 at p. 246)
2. Varty (Inspector of Taxes) v. British South Africa Co. [1965] Ch. 508 at p. 515)
3. Re Harrisons Share under a Settlement, Harrison v. Harrison & Others. [1955] 1 All. E.R. 185 at pages 188, 192
4. Preston Banking Co. v. William Allsup & Sons [1895] 1 Ch. D. at p. 143
5. Macarthy v. Agard [1933] 2 K.B. 417
STATUTES REFERRED TO
The Federal Supreme Court Rules
