EGEMASI GAIUS & ANOR V. AGIM DURU ONYEKWERE & ANOR
July 24, 2025DAVID DAWODU LUKOYI VS EMMANUEL BABLOLA & ORS
July 24, 2025Legalpedia Citation: (1983) Legalpedia (SC) 53171
In the Supreme Court of Nigeria
Fri Aug 26, 1983
Suit Number: SC. 126/1982
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
JOSEPH AFOLABITUNJI OGUNLEYELAWANSON ARESA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st plaintiff, the Adekunle family, claimed title to the land in dispute deriving their title since 1939, from OBA DOKUN LATONA II the ATAOJA OF OSHOGBO. The defendants, SERIKI of the Hausa Community of Oshogbo, also claimed to have derived right of ownership of the land in dispute from the ATAOJA OF OSHOGBO from time immemorial
HELD
The Court affirmed the judgment of the trial judge and the Federal Court of Appeal which declared the plaintiffs rightful owners of the land in dispute.
ISSUES
Whether the order of non-suit entered by the High Court against the plaintiff/respondent was a consent judgment against which an appeal can only be lodged with leave of court Whether the amendment made by the Federal Court of Appeal altering the capacity under which the 1st plaintiff instituted his action to reflect the representative capacity in which John Adekunle the 1st plaintiff/respondent sued was right
RATIONES DECIDENDI
WHEN CAN THE COURT MAKE AN AMENDMENT TO A CLAIM
As soon as any question arose as to the capacities of the respective parties it was, in our view, the duty of the court to make any formal amendment in the claim which would make clear the capacity in which the plaintiff sued and the defendant was sued and the real point of controversy between them, provided that that could be done without any hardship to either party. Per Aniagolu, JSC
CONSENT JUDGMENT
I conceive that “Consent Involves an element of volition; a voluntary agreement – a deliberate and free act of the mind. A party who bows to an adverse judgment of a court and in the course of it takes a step designed to minimize loss, cannot be said to have consented to the judgment of the court. Per Aniagolu, JSC
CASES CITED
Odulaja V. Williams (1940) 6 WACA 198 at 199
Re Lays Will Trusts Somerset and Another V. Ley And Another (1964) 2 All ER 326 at 329
Craig v. Craig (1967) NMLR 52
Gbogbolulu V. Hodo (1941) 7 WACA 164
Ecklin V. Little (1889-90) 6 TLR. 366
Raji Akano and Another v. Alhaji Yusau Ajuwon (1967) NMLR 7
STATUTES REFERRED TO
Western Region of Nigeria 1959 High Court Rules Ca. 44 Vol. II
