ATTORNEY-GENERAL OF BENDEL STATE VS CHIEF C.O.M. AGBOFODOH & ORS
June 27, 2025JOSEPH OHAI V SAMUEL AKPOEMONYE
June 27, 2025Legalpedia Citation: (1999) Legalpedia (SC) 15521
In the Supreme Court of Nigeria
Fri Feb 19, 1999
Suit Number: SC. 183/1991
CORAM
M. L. UWAIS, JUSTICE SUPREME COURT
PARTIES
1. JOSEPH AGBAHOMOVO
2. RALEIGH OKPOZO
3. AUGUSTINE AKPUGHE (For Themselves And On Behalf Of Esaledho Family Of Esaledho Street, Oleh)
APPELLANTS
1. APATA EDUYEGBE
2. WILLIAM AKPATA
3.DAVID ELBE
4. ODEMEREGWA EDWALA
5. SUNDAY APATA
6. JOSHUA EGBE
7. SILVER OGBA (For themselves and on behalf of Ofa family of Oleh)
AND
8. APATA EDUYEGBE
9. WILLIAM AKPATA
10. UKOH UWEFOH (For themselves and on behalf of Ofa family of Oleh)
AND
11. JOSEPH AGBAHOMOVO
12. RALEIGH OKPOZO
13. AUGUSTINE AKPUGHE
14. SAMSON AKPUGHE (For themselves and on behalf of Egero family of Oleh)
RESPONDENTS
AREA(S) OF LAW
ADMISSIBILITY OF DOCUMENTARY EVIDENCE- AMENDMENT OF STATEMENT OF CLAIM – EVIDENCE- FAIR HEARING -1979 CONSTITUTION
SUMMARY OF FACTS
The trial court refused to allow the respondents to tender survey plans attached to the appellant’s statement of claim which had been amended.
HELD
The court held that there was a denial of fair hearing and that the mere fact that a statement of claim is amended does not mean the court can shut it eyes to the previous statement of claim and ordered a retrial.
ISSUES
1. Whether the Court of Appeal was right in holding that it amounted to wrongful exclusion of evidence and lack of fair hearing occasioning miscarriage of justice for the learned trial judge to have refused to admit, and indeed, to have expunged from the record all evidence relating to three survey plans which had been duly amended and abandoned beyond recall by the appellants.2. Whether the Court of Appeal gave a fair hearing and/or hearing at all to the appellants whose case in this appeal was considered on the survey plans aforesaid.
RATIONES DECIDENDI
AMENDED STATEMENT OF CLAIM/DEFENCE-HOW TREATED BY COURTS
‘A statement of claim or defence which has been amended with leave of court, as in the appeal under consideration, does not cease to exist. It still forms part of the proceedings and the court cannot shut its eyes against it’. Per Onu J.S.C
CASES CITED
Ekuma v. Silver Eagle Shipping Agencies Ltd. (1987) 4 NWLR (part 65) 472 at 486Nwokoro v. Onuma (1990) 3 NWLR (part 136) 22 at page 33Salami v. Oke (1987) 4 NWLR (part 63) 1Owonyin v. Omotosho (1961) All N.L.R. (pt. 11) 304Chief M.O.A. Agbaisi & 3 Ors. v. E. Ebikorefe & 6 Ors. (1997) 4 N.W.L.R. (pt. 502) 630
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1979
