I. O. OLANIYONU V. BRITISH AMERICAN INSURANCE CO. LTD
August 13, 2025SHELL BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD. V. JACOB ABEDI & ORS
August 13, 2025Legalpedia Citation: (1974) Legalpedia (SC) 11119
In the Supreme Court of Nigeria
Fri Jan 11, 1974
Suit Number: SC. 185/1971
CORAM
COKER, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
MRS. OLU SOLANKE (ATTORNEY O. OBISANYA) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant sought to amend his statement of claim without setting out the circumstances and paragraphs of the amendment sought.
HELD
The court held that the application did not comply with the rules but that it should be granted because the defendant did not oppose it.
ISSUES
Whether by substituting the amended Statement of Claim for the original one, such substitution constitutes an amendment within the provision of Order 33.
RATIONES DECIDENDI
RULES OF COURT
Rules of court are meant to be complied with and therefore any party or counsel seeking the discretionary power of a judge to be exercised in his favour must bring his case within the provisions of the Rules on which he purported to make his application. Per Sowemimo J.S.C
CASES CITED
Malmo v. Olushola 15 WACA 12;
Dako II v. District Commissioner, BIRIM 3 WACA 68
Somade v. Ogunbiyi 3 WACA 48
England v. Palmer 14 WACA 659
Luigi Ambrosini Ltd. v. Victor Ade Allen and Three Ors. 8 N.L.R. 24
STATUTES REFERRED TO
