POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
FIND JUDGMENTS BY:
CASES/JUDGMENTS OF NIGERIAN COURTS RELATING TO PLEADINGS (3)
[This Index in full and Judgment(s)/listed and published here can be procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
TITLE | MAIN ISSUES |
K. A. ONAMADE & ANOR. V. AFRICAN CONTINENTAL BANK LTD | PLEADINGS: Effect of pleadings – Effect of plea of fraud |
KATSINA LOCAL AUTHORITY AND ANOTHER V. MAKUDAWA | PLEADINGS:- Limitation law – Mandatory requirement for notice of intention to sue – Duty to plead or raise same – Failure thereto – Whether deemed a waiver |
KHATOUN V HOLLAND (W. A.) LINES | PLEADINGS:- Terms of contract – where not pleaded – whether court can infer terms not before it. |
KOSILE V FOLARIN | PLEADINGS:- Issue of mitigation of damages – To be pleaded. |
KPOROARO V DUGBO | PLEADINGS:- Paragraph thereof struck off for vagueness – Evidence subsequently led to prove averments therein – Inadmissible. |
KRAUS v. BRIGHT-ORIDAMI | PLEADINGS:- Document not pleaded – Effect PLEADINGS:- Special damages – Need for same to be specially pleaded and specially proved. |
KUDU V ALIYU | PLEADINGS:- Decision based on facts not pleaded ‑ Effect of on appeal. |
L. A. AYANLERE VS. FEDERAL MORTGAGE BANK OF NIG. LTD. AND ANOTHER | PLEADINGS:- Bindingness of – Treatment of matters not raised in pleadings – Order 25, rule 6(1) Kwara State High Court (Civil Procedure) Rules. |
LABODE V DR GODFREY OTUBU | PLEADINGS:- A third party notice – Meaning – When properly served under Order 14 rule 22(l) of the High Court of Lagos State |
LAGURO V TOKU | PLEADINGS:- Amendment of – Applicable principles. |
LAWAL V. UNION BANK | PLEADINGS – EVIDENCE:- Proof of averments in pleadings – How done – Whether a party must testify or call witnesses in order to discharge his duty thereto. |
LEADWAY ASSURANCE COMPANY LIMITED V. ZECO NIGERIA LIMITED | PLEADINGS – Whether an averment that insurers were ‘informed’ of a loss is sufficient plea of ‘report’ of a claim. |
LIMAN V MOHAMMED | PLEADINGS:- Bindingness of – Rationale for |
M. T. MAMMAN V A. A.SALAUDEEN | PLEADINGS:- Amendment of by appellate court – Principles governing. |
M.A. ENIGBOKAN V. AMERICAN INTERNATIONAL INSURANCE CO. (NIG.) LTD. | PLEADINGS:- Amendment of – When it takes effect. |
MADAM ISABELLA AKINHANMI AND ORS v. OMOTAYO DANIEL AND ORS | PLEADINGS:- Parties are bound by the triable issues raised in their pleadings. |
MADUGA V BAI | PLEADINGS:- Claim for damages for loss of Vehicle – Issue of depreciation – Which party to raise PLEADINGS:- Statement of Claim – Un challenged – Effect. PLEADINGS:- Absence of statement of de fence – Effect. |
MAJIYAGBE V JEGEDE | PLEADINGS:- Ground of appeal based on matters not pleaded – Effect. |
MALLAM SIYAKA O. LAWAL (Obobahin of Ihima) & ORS V. ALHAJI M.J. IBRAHIM OHIDA & ORS | ACTION – PLEADINGS: Effect of evidence not supported by pleadings |
MANDILAS AND KARABERIS LTD V. APENA | PLEADINGS:- Statement of defence – Traverse of – When valid – Effect of |
MARTCHEM INDUSTRIES NIGERIA LTD. V M.F. KENT WEST AFRICA LTD. | PLEADINGS:- Bindingness of – Averment therein – Where not supported by evidence – How treated |
MARTIN SCHROEDER V. MAJOR & COMPANY | PLEADINGS:- Writ of Summons – Indorsement of claim and address – Special indorsement |
MATHIAS NDUBUISI AND ANOTHER VS. TAJUDEEN OLOWOAKE AND OTHERS | PLEADINGS:- Principles guiding award of general/special damages. |
MICHAEL IMODU NATIONAL INSTITUTE FOR LABOUR STUDIES v. SHAIDU NDA’J MALIKI | PLEADINGS:- Rule that originating summons procedure can be used in cases where the facts are not in dispute or there is no likelihood of their being in dispute and when the sole or principal question in issue is or likely to be one directed at the construction of a written law, Constitution or any instrument or of any deed, will, contract or other document or other question of law – Basis of – Whether extends to suit relating to termination of employment |
MICHAEL OBIEFUNA V. ALEXANDER OKOYE | PLEADING:- Defence of limitation of time under the Act. |
MOBIL OIL NIGERIA LIMITED V NABSONS LMITED | PLEADINGS:- Amendment of – Principles governing |
MOMOH V OLOTU | PLEADINGS:- Chieftaincy disputes – Plaintiff merely saying that he is a member of the family – Plaintiff not stating that he has an interest in the chieftaincy title nor how his interest in the chieftaincy title arose – Whether plaintiff has locus standi |
MOSES OLA AND SONS (NIG.) LTD. v WILLIAMS | PLEADINGS |
MOSHOOD VS. BAYERO | PLEADINGS:– aim of. |
MOTUNWASE V. SORUNGBE | PLEADINGS:- Untraversed Averments – Effects – Rule that parties bound by pleadings – Exceptions |
MR AMAKU EFFIONG ENE v. CHIEF PAUL BASSEY ETIM | ACTION – PLEADINGS: The importance of pleadings |
MR. EMMANUEL EKPENYONG & ANOR V. MR. JAY OBANYA & ANOR | ACTION – PLEADINGS:- Effect of failure of a party to produce credible evidence in support of his pleading |
MR. SAMEHAY HAWAY V. MEDICOWA NIGERIA LTD AND ANOTHER | PLEADINGS:- What it must contain. PLEADINGS:- Need to specify particulars of damages – effect of failure. |
MRS. C. I. ADETUTU & ORS. V. MRS. W.O. ADEROHUNMU & ORS | ACTION – PLEADINGS:- Whether an amendment of pleadings can be allowed during proceeding |
MRS. FOLASADE OYEWOLE V V MRS. VICTORIA LASISI | PLEADINGS – AMENDMENTS:- Rule that parties are bound by their pleadings – When pleadings are amended – Effect PLEADING – Application for Amendment of pleading |
MUNZALI AHMADU DANTATA v ABDULKADIR SANUSI DANTATA | PLEADINGS:- Pleadings not supported by evidence – Effect of |
MUSTAFA V MONGUNO LOCAL GOVERNMENT | PLEADINGS:- Failure to plead absence of Statutory notice as defence – Whether party can complain of non-compliance on appeal. |
MUSTAPHA V GOVERNOR OF LAGOS STATE AND OTHERS | PLEADINGS:- Party relying on an objection based on law – No requirement of evidence if law is pleaded – Judicial notice of law. |
N.B.T.C. LTD. v. NARUMAL LTD. | PLEADINGS – Statutory Defences – How pleaded. |
N.I.D.B. V ADVANCE BEVERAGES INDUSTRIES LTD | PLEADINGS:- Evidence led on unpleaded facts – Effect of – Duty of court not to act on same |
N.I.D.B. V ADVANCE BEVERAGES INDUSTRIES LTD (SC) | PLEADINGS:- Whether synonymous with evidence – Whether a party is expected to plead evidence – Amendment of |
N.I.P.C. LTD. V B.W.A. LTD. | PLEADINGS:- Mistake in pleadings – Where no amendment obtained – Whether constitutes a ground to defeat claim proved in substance. |
NASCO MANAGEMENT SERVICES LIMITED V. A. N. AMAKU TRANSPORT LIMITED | ACTION – PLEADINGS: The purpose of pleadings |
NATIONAL ELECTRIC POWER AUTHORITY, NEPA V. ALLI | PLEADINGS: Indication via brief to seek leave of court to raise the issue an issue on appeal involving a substantial issue of law requiring no fresh evidence to consider it – Where leave not sought or obtained – Implication for arguments in the brief in respect of the issue – Duty of court thereto |
NATIONAL ELECTRIC POWER AUTHORITY V. MATTHEW ABA | PLEADINGS:- Binding effect of pleadings on parties – Adducing evidence on facts not pleaded – How treated. |
NATIONAL ELECTRIC POWER AUTHORITY V. INAMETI | PLEADINGS:- Binding effect of same on parties – Evidence led on unpleaded facts – Effect |
NDOMA-EGBA V AFRICAN CONTINENTAL BANK PLC. | PLEADINGS:- Averments therein – Where surplus or unnecessary for success of pleader’s case – When can be abandoned by pleader. |
NGILLARI V. N.I.C.O.N. | PLEADINGS:- Denial or traverse – Averment that defendant is not in a position to deny, or admit fact in statement of claim – Whether sufficient denial or traverse. |
NIEMOGHA V VOM MINES LIMITED | PLEADINGS:- Claim for rescission of contract on ground of fraud and false misrepresentation – Failure to prove fraud and false misrepresentation – Whether action still maintainable |
NIGERIA NATIONAL PETROLEUM CORPORATION Vs. LUTIN INVESTMENTS LIMITED | PLEADINGS:- Amendment of pleadings – whether the court has a duty to grant useless, irrelevant, immaterial and inconsistent amendment. |
NIGERIA SALT COMPANY LIMITED | |
NIGERIAN BANK FOR COMMERCE AND INDUSTRY vs INTEGRATED GAS (NIGERIA) LIMITED | PLEADINGS:- Equitable defences – Waiver or estoppel – How pleaded – Principles governing – Whether special form required – Need to plead sufficient facts. |
NIGERIAN BOTTLING CO. PLC v STEPHEN OBOH | PLEADINGS:– Admissions on the face of – need for court to consider all paragraphs. PLEADINGS:- Contending facts – How resolved. |
NIGERIAN BREWERIES PLC Vs. ADETOUN OLADEJI (NIG) LTD. | PLEADINGS:- Binding effect of pleadings on the courts and parties. |
NKADO V. OBIANO | PLEADINGS:- Declaration of title to land – Claimant therefor relying on traditional history- What he needs plead and prove. |
NKUMA V ODILI | PLEADINGS:- Averments therein – Whether amounts to evidence PLEADINGS:- Issues joined by parties on pleadings – How resolved. |
NKWI V PANKSHIN LOCAL GOVERNMENT | PLEADINGS:- Statutory defence – Reliance thereupon – whether to be specifically pleaded. Pleadings – Statutory defence – Failure to plead – Whether amounts to waiver. |
NTEOGWUILE V OTUO | PLEADINGS:- Purpose of – Issues raised in pleadings – Bindingness of issues on court |
NWADIOGBU vs. NNADOZIE | PLEADINGS:- Joinder of issues – When issues are said to be joined. |
NWOKELEKE V OSELE | PLEADINGS:- Matters not pleaded – How treated. |
NWOSU V OKONKWO | PLEADINGS:- How prepared. |
NZE BENSON OBIALOR & ANOR v. JOSIAH UCHENDU & ORS | ACTION – AMENDMENT OF PLEADINGS:- Rule that amendment of pleadings should be allowed to plaintiff – Exception – Where it will entail injustice to the respondent – Where the applicant is acting mala fide – Where by his slander, the applicant has done some injury to the respondent which cannot be compensated by costs or otherwise ACTION – AMENDMENT OF PLEADINGS:- Any amendment of the pleadings in a case made or ordered at any stage of the proceedings before judgment or even made in an appeal – Whether deemed to date back to the date when the pleadings were originally filed – Effect – Whether once pleadings are amended, what stood before the amendment is no longer material before the court and no longer defines the issues to be tried |
NZEKWU V NZEKWU | PLEADINGS:- Rules of Native – Law and Custom -Evidence in proof – Judicial notice – Granting relief not sought – Cross appeal. |
O. OGUNMOLA V. HODA EIYEKOLE | PLEADINGS:- Distinction between claims in a cross-action and averments in a filed defence to the action – Implication for burden of proof and shifting onus – Onus on plaintiff to positively deny averments in pleadings filed as defence – Whether distinct from burden on plaintiff to prove his case |
OANDO NIGERIA PLC v. ADIJERE WEST AFRICA LIMITED | ACTION – PLEADING – TRAVERSE AND AVERMENTS:- Meaning of traverse and historical treatment under the Rules of Court – Old position – Order 18 Rule 13(4) under the Rules of the Supreme Court, 1976 – Stipulation that any allegation that a party has suffered damage and any allegation as to the amount of damages is deemed to be traversed unless specifically admitted – New position – Order 18 Rule 13 of the Supreme Court Rules 1989 – Stipulation that any averment/allegation of fact made by a party in his pleading is deemed to be admitted by the opposite party unless it is traversed by that party in his pleading or a joinder of issue under rule 14 operates as a denial of it – Order 25 of the Plateau State High Court (Civil Procedure) Rules – Whether carries the same import as the new position under Supreme Court Rules 1989 – Whether the rule built up by the common law that matters in bar of the action must be pleaded but matters in mitigation need not is no longer the law in Nigeria – Whether the new Rule applies not only in mitigation in the exact sense of avoiding the consequences of a wrong but also to mitigation where damages are affected by the conduct, character and circumstances of various parties and where a plaintiff suing for breach of contract is also himself in breach |
OBA R. A. A. OYEDIRA OF IGBONLA V. H. H. OBA ALEBIOUSU II AND OTHERS. | PLEADINGS:- Evidence in support of pleading not adduced – Effect. |
OBA V AJOKE | PLEADINGS:- Amendment of – Erroneous use of a word in a statement of claim – Defendant aware of sense in which word is used – No exception taken -Amendment not necessary for court to grant appropriate relief. PLEADINGS:- Raising in court an issue not pleaded – Effect. |
OBIKOYA V. EZENWA | PLEADINGS:- Civil Procedure -Application for further and better particulars – How treated |
OBIJURU V OZIMS | PLEADINGS:- Pleading of facts,- Questions of law to be inferred from facts averred – Settlement of issues – When and how commenced. |
ODOGU V ATTORNEY-GENERAL OF THE FEDERATION AND OTHERS | PLEADINGS:- Exemplary damages – Need to specifically claim and plead. |
ODONIGI V OYELEKE | PLEADINGS:– Bindingness of |
ODUOLA V AJANAKU | PLEADINGS:- Adverse possession – To be specifically pleaded. |
OGBUOKWELU V UMEANAFUNKWA | PLEADINGS:- Evidence led on facts not pleaded – Probative value of: |
OGIDI V EGBA. | PLEADINGS:- Amendment of – Principles guiding grunt al – Whether can be granted after final address of parties – Relevant considerations. |
OGUMA ASSOCIATED COMPANIES (NIG.) LTD V. I.B.W.A. LTD. | PLEADINGS:- Traverse – Need to give specific answers to claims raised by a plaintiff – Order 13 Rules 9, 10, High Court (Civil Procedure) Rules of Bendel State and Order XIX Rules 17, 20 and 22, English Rules of Court 1975 and similitude of. |
OGUNDE V. OJOMU | PLEADINGS:- Defective statement of claim – Relevant fact not pleaded – Effect of – Appropriate order – Whether Non suit. |
OGUNOLA V SULE | PLEADINGS:- Pleading that defendant is not in a position “to admit or deny” averment in a statement of claim – Effect of. |
OHANAKA V IKORODU TRADING CO. | PLEADINGS:- Counter-claim – Need to be specifically pleaded. |
OJAH AND OTHERS . V. OGBONI AND OTHERS . | PLEADINGS:- Counter-claim – Need to be specifically pleaded. |
OJO V FALAIYE | PLEADINGS:- Application by Petitioner to Court to inquire into new issues after Petitioner’s case closed – Discretion of court. |
OJOMO v. INCAR (NIG.) LTD. | PLEADINGS:- Evidence led on fact not pleaded or at variance with fact pleaded -How treated. |
OLUFEMI ADENIYI & ORS v. HERBERT ADEYINKA ADEOLU OYELEYE & ORS | PLEADINGS – AMENDMENT: Rules of Court – Whether most rules of courts do not circumscribe the number of times a party can apply to a court for amendment during the pendency of proceedings – Whether amendments could be effected before trial courts as well as appellate courts – Power of courts to make amendments suo motu – Applicable guidelines |
OLUWAROTIMI O. AKEREDOLU & ANOR V. RAHMAN O. MIMIKO & ORS | PLEADINGS:- Binding nature of pleadings – Admission of report prepared by an expert at the behest of any of the parties to the dispute |
ORAJEKWE V MBIERI | PLEADINGS:- Pleading a specific act of negligence – Whether bars reliance on res ipsa loquitur PLEADINGS:- Purpose and purport of PLEADINGS:- Res ipsa loquitur – How pleaded. |
ORIZU V. ANYAEGBUNAM | PLEADINGS:- Civil Action – Issues not raised in pleadings – Effect Of. |
OSAFILE V ODI | PLEADINGS:- Action for declaration of title – Reliance on grant or inheritance – What must be pleaded. PLEADINGS:- General traverse -Averment that defendant is not in a position to admit or deny – Whether competent or sufficient as a valid denial. |
OVIAWE V INTEGRATED RUBBER PRODUCTS NIGERIA LIMITED | PLEADINGS:- Bindingness of – Judgment of trial court based on facts not pleaded – Effect of PLEADINGS:- Bindingness of on court and parties – Findings of court based on unpleaded fact – How treated. |
OVERSEAS CON. CO. LTD. V. CREEK ENT. LTD. | PLEADINGS:- Binding effect – Matter not raised in pleadings – Evidence given to prove same even if uncontradicted – Legal effect |
OWENA BANK NIGERIA PLC VS. ERNOK FINANCE LIMITED | PLEADINGS:- Mere averment therein – How treated |
OWOADE AND OTHERS V. OMITOLA AND OTHERS | PLEADINGS:- Genealogy – When taking of defendants evidence before that of plaintiff is necessary – Effect |
OYADEJI V ADENLE | PLEADINGS:- Amendment of-Whether court can do so suo motu. |
OYEBAMIJI & ORS.V. IYABO AFUSAT LAWANSON & ORS | PLEADINGS:- Whether defence of limitation need be specifically pleaded. |
OYINLOYE V ESINKIN | PLEADINGS:- Amendment of – Effect. PLEADINGS:- Bindingness of – Evidence at variance with -Treatment of. |
PASTOR SAMUEL KARIMU & ANOR. V. LAGOS STATE GOVERNMENT & ANOR. | ACTION – PLEADINGS: What is the implication of evidence that is at variance with the pleadings |
POPOOLA BAMGBEGBIN & ORS V. JIMOH ATANDA ORIARE & ORS. | PLEADINGS:- The effect of general traverse where adopted in respect of essential and material allegations in statement of claim |
PRINCE NNAMDI E. UBAH V. CHIEF INNOCENT OKAFOR | PLEADINGS:- Notice of Objection – Essence of – Whether an objection is not rendered ineffective or incompetent because it has been raised in the brief of argument |
PRINCESS BILEWU OYEWUNMI V. AMOS OWOADE OGUNESAN | PLEADINGS:- Need for parties not to depart from the case set out in their pleadings – Attitude of court thereto |
RABIATU ADEBAYO v. RASHEED SHOGO | PLEADINGS:- Evidence led on fact not pleaded – How treated – attitude of court thereto |
RAJCO INTERNATIONAL LIMITED V. LE CAVALIER MOTELS AND RESTAURANTS LIMITED & ORS | ACTION – PLEADINGS: Whether pleadings must be supported by evidence – Effect of pleadings not supported by evidence |
RAJI AKANO AND ANOTHER v. ALLAH YISAU AJUWON | PLEADING:- Allegation in pleading,. construction. |
SANTOS M. BATALHA v. WEST CONSTRUCTION COMPANY LIMITED | PLEADING:- Rule that parties are bound by their pleadings – Failure to plead particulars required by law to be specifically pleaded – Duty of court thereto |
SIMEON ADEPONLE V ZAKI A SAIDI | PLEADINGS:- Averments not admitted – Effect of. |
SIMEON O IHEZUKWU V UNIJOS | PLEADINGS:- Aim of. |
THE REGISTERED TRUSTEES OF THE APOSTOLIC CHURCH V. | ACTION – PLEADINGS:- Purpose of pleadings – Duty of counsel settling pleadings to ensure the facts they intend to rely upon at the trial are pleaded – Amendment of pleadings – Proper time for same – When deemed belated |
THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. KWAMEH AMBAH | ACTION – PLEADINGS: Guiding principles for amendment of pleadings ACTION – PLEADINGS: Nexus between evidence and pleadings ACTION – PLEADINGS: Guiding principles for amendment of pleadings |
TOTAL OIL PRODUCTS V AGBONMAGBE BANK | PLEADINGS:- Claim for negligence – What must be pleaded. PLEADINGS:- Object of. |
TOWN CLERK, L.T.C. V CLEMENT | PLEADINGS:– Action commenced against a statutorily incorporated company with one of its named officers as party – Propriety – Effect – Whether appellate court has power to amend writ as to substitute named officer with incorporated company so as to give effect to judgment of trial court |
U.B.N. PLC V. JERIC (NIG.) LTD. | PLEADINGS:- Counter-claim,-Facts relied upon in proof or defence of counter-claim – Need to plead distinctly from facts relied on in proof or defence of the main claim |
UBAKA IFEAJUNA v JAMES UDEKWE IFEAJUNA | PLEADINGS:- Averment in statement of claim – Purport of – Whether always constitutes basis of relief(s). PLEADING – Statement of claim – Need for court to refrain from reading into it what it does not contain. |
UCHENDU V. OGBOM | PLEADINGS:- Amendment of pleading after joinder of parties – Necessity for evidence of service of amended writ of summons and statement of claim on defendant – Whether required as a matter of practice even where provision for it is not in rules of court. |
UGO V OBIEKWE | PLEADINGS:- Omission by parties to plead relevant facts – Effect – Order of retrial – When made. |
UGOJI V ONUKOGU | PLEADINGS:- Bindingess of – Duty on court not to decide case outside pleadings. |
UMENYI V EZEOBI | PLEADINGS:- Evidence led on matters not pleaded ‑ Effect. PLEADINGS:- Reply to statement of defence ‑ Functions of ‑ When necessary ‑ Effect of failure to file reply. |
UMUKORO V NIGERIAN PORTS AUTHORITY | PLEADINGS:- Bindingness of on court and parties – Whether plaintiff can make a case contrary to his pleadings. |
UMOFFIA V. NDEM | PLEADINGS:- Nature of – Relevant considerations |
UNION BANK OF NIGERIA PLC vs. ISHOLA | PLEADINGS:- Whether parties to an action will be permitted to set up a case different from their pleadings. |
UNION BANK OF (NIG) PLC V. JASE MOTORS (NIG) LTD AND ANOTHER | PLEADINGS:- Bindingness of. Pleadings – Counter claim – Fact in support therefore – How pleaded. |
UNITED BANK FOR AFRICA PLC. V BTL INDUSTRIES LTD. | PLEADINGS:- Defence – Special defence – How raised – Need to specifically plead. |
UNITY BANK PLC v. DENCLAG LIMITED & ANOR | ACTION – PLEADINGS: Whether the trial court can make use of the pleadings taken as constructive admission |
UREDI V. DADA | PLEADINGS:- Admissions – Evidence of facts not pleaded. |
VERITAS INSURANCE CO. LTD VS CITITRUST INVESTMENTS LIMITED | PLEADINGS:- Reference to Proposed statement of defence and use by court of appeal |
VISHIMA IGBUM v BABA. NYARINYA DAN AZUMI YINUSA | PLEADINGS:- Pleadings filed in civil proceedings – Allegation of crime therein – Need to prove beyond reasonable doubt. |
VULCAN GASES LTD. V G.F. IND. A.G. | PLEADINGS:- Writ of summons – Amendment of- – When it takes effect – When will be granted to cure irregularity – When court may allow to reflect a party’s correct name. |
W.S.W. LTD. V. IRON AND STEEL WORKERS UNION OF NIG. AND OTHERS | PLEADINGS:- Preliminary matters in issue distinguished from subsidiary issues in writ of summons – Jurisdiction – Effect of each in determination of jurisdiction of court. |
WADA DARMA V LION OF AFRICA INSURANCE COMPANY LIMITED | PLEADINGS:- Defence of waiver by conduct of condition in written agreement must be pleaded. |
WELSH DEVELOPMENT AGENCY V REDPATH DORMAN LONG LTD | PLEADINGS:- Amendment – Leave to amend after expiry of limitation period – Plaintiffs claiming damages for negligence – Limitation period expiring – Plaintiffs seeking leave to amend statement of claim – Amendment constituting new claim – Whether plaintiffs entitled to leave to amend statement of claim – Limitation Act 1980, s 35(1)(3) – RSC Ord 20, r 5(5). |
WILLIAMS v. AKINWUNMI | PLEADINGS:- Further pleadings – Court to make order for – Order 13 rule 16 High Court Rules, Western Region. |
WOLUCHEM AND OTHERS . V. GUDI AND OTHERS | PLEADINGS:- Evidence at variance with or in respect of matters not pleaded – Effect – Evidence in cross-examination – How used |
YALAJU-AMAYE V. ASSOCIATED REGISTERED CONTRACTORS | PLEADINGS:- Issues raised therein – Bindingness of |
YUSUF V OYETUNDE | PLEADINGS:- Effect of defendant’s failure to either admit or deny an averment in the statement of claim |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES