NATHANIEL NASAMU VS THE STATE
August 1, 2025CHIEF OBAFEMI AWOLOWO V. ALHAJI SHEHU SHAGARI & ORS
August 1, 2025Legalpedia Citation: (1979) Legalpedia (SC) 11158
In the Supreme Court of Nigeria
Fri Sep 28, 1979
Suit Number: SC. 35/1979
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
ADIO,JUSTICE, ,UPREME COURT
OLABODE RHODES-VIVOUR
KAYODE ESO, JUSTICE, SUPREME COURT
AYO GABRIEL IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
1. METAL CONSTRUCTION (W.A) LTD. ) 2. TAIWO OKEOWO 3. OLATUNDE AYOOLA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal came as a further appeal, from the Federal Court of Appeal, Lagos, arising from a judgment delivered by the Federal Revenue Court, Lagos, in which the former court affirmed the judgment of the lower court but ordered rectification of the Register before the delivery of the new shares certificates to the administrators of the estates of the deceased member.
HELD
The appeal was dismissed
ISSUES
The learned Judges of the Federal Court of Appeal erred in law and did grave injustice to the appellants by deciding the appeal upon grounds not relied upon by the Judge in his judgment and by granting a relief not prayed for either in the court below or in the Court of Appeal particularly when there was no application in the court below or before the Federal Court of Appeal to amend the claim on the Originating Summons.
Whether the Federal Court of Appeal was wrong in making the order it did without insisting on a re-trial of the case in the lower court on an amended claim.
RATIONES DECIDENDI
POWER OF COURT OF APPEAL TO AMEND THE RECORD OF THE TRIAL COURT
“A Court of Appeal has an inherent power to amend the record of the trial court so as to comply with the facts proved before that court and decision given by it.” Per SOWEMIMO, JSC.
JUDGMENTS OF THE COURTS ARE BASED ON ISSUES SO JOINED
“Generally speaking, in cases tried on pleadings where issues joined appear clearly there on, judgments of the courts are based on issues so joined.” Per SOWEMIMO, JSC.
JUDGMENTS OF THE COURTS ARE BASED ON ISSUES SO JOINED
“Generally speaking, in cases tried on pleadings where issues joined appear clearly there on, judgments of the courts are based on issues so joined.” Per SOWEMIMO, JSC.<foo< p=””></foo<>
POWER OF COURT OF APPEAL TO AMEND THE RECORD OF THE TRIAL COURT
“A Court of Appeal has an inherent power to amend the record of the trial court so as to comply with the facts proved before that court and decision given by it.” Per SOWEMIMO, JSC.
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CASES CITED
Divisional Chief Gbogbolulu of Vakpo v. Head Chief Hodo (1941) 7 WACA 164
Clack v. Wood (1881-2) 9 QBD 276
STATUTES REFERRED TO
None.
