ADEKEYE & ORS V. AKIN-OLUGBADE

• Pages: 865-878

ADEKEYE & ORS V. AKIN-OLUGBADE

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865

rooms at the backyard to honour prostitutes. When these were flushed out by the

Police the Appellant wanted the respondent flushed out too. He then had to manu-

facture a reason. The two Courts below found that by harbouring these prostitutes

the Appellant was in breach of his covenant to give the Respondent quiet enjoy-

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ment of the demised premises. It is really the Respondent who should complain

and not the Plaintiff/Appellant.

The Court of Appeal dismissed an appeal to it by the Plaintiff mainly on the

ground that the issues being issues of fact an appellate Court cannot lightly disre-

gard the findings of the trial Judge who saw, heard and believed. The Court of

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Appeal was right in not disturbing the judgment of the trial Court on the facts. This

Court will also affirm the judgment of the two Courts below and dismiss this ap-

peal. The appeal is hereby dismissed. I abide by the orders made by Obaseki,

J.S.C. in the lead judgment.

Appeal dismissed.

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ADEKEYE & ORS V. AKIN-OLUGBADE

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CHIEF ADEDAPO ADEKEYE & ORS

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APPELLANTS

V

CHIEF O.B. AKIN-OLUGBADE

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RESPONDENTS

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SUIT NO. SC 240/1985

SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

ANIAGOLU,

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J.S.C.

KARIBI-WHYTE,

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J.S.C.

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OPUTA,

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J.S.C.

BELGORE,

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J.S.C.

19th June, 1987

Civil Action - Appeal - Appeals to Court of Appeal effect of s.16, Court of

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Appeal Act.

Practice and Procedure - Finding of fact - Can be set aside at instance of a

respondent only through cross-appeal, not by filing respondent's Notice - Civil

procedure - Amendment - Nature and purpose of - Leave to amend - Will

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be granted when required for purposes of using already available material or

using findings of fact of trial court - No time limit when leave to amend

will be refused -

Constitutional Law - Effect of non-compliance with s.258(1) of 1979 constitution

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-

Provision director; not mandatory - Limitation of Actions - Defence of

limitation of action not applicable to claims founded on any fraudulent breach

of Oust to which trustee was party or privy.

ISSUES:

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1. What is the nature of an amendment and under what circumstance should a

court grant leave to amend.

2. What procedure should a respondent in an appeal to the Court of Appeal adopt

when seeking to set aside a finding of fact which is crucial and fundamental to

the case.