AJOKE V. OBA & ANOR.

• Pages: 53-59

AJOKE V. OBA & ANOR.



53

loss: his defence was that he paid them in and obtained receipts, and that he pasted

them in two books, which were lost by the Police; and at one point in his cross-

examination on a certain set of receipts for moneys which were given to him, he

was driven to say that they were for adjustments. This was not believed, and the

5



learned Chief Justice though that the "missing" books were an invention.

This is a case where on the evidence it was right to infer that the appellant stole

the gross sums stated in the three counts; the appeal fails both on the point of law

and on the facts, and is dismised.

Appeal dismissed.

10

AJOKE V. OBA & ANOR.

15

HUNMUANI AJOKE

V

1. AMUSA YESUFU OBA

20 2. RUFAI AKINHANMI

FEDERAL SUPREME COURT

BRETT,



F.J.

UNSWORTH,



F.J.

25



BAIRAMIAN,



F.J.

5th February, 1962.

RESPONDENTS

APPELLANTS

SUIT NO. FSC 11/1961

Practice and Procedure - Pleading - Writ of summons - Failure in writ to claim

relief against one defendant - No application to court of first instance for

30





Dismissal - Statement of claim disclosing cause of action against all Defendants

- Defence filed traversing Statement of claim - Appeal for dismissal on ground

that writ failed to claim relief Amendment of claim without objection and

without calling for counsel's address to Court - No new issues of fact -

Amendment of claim on Judge's own motion - Specific performance

-

35





Amendment - Erroneous use of word in Statement of Claim - Amendment

not needed for Court to grant appropriate relief.

ISSUES:

1.

Whether a defendant can ask an appellate Court to dismiss an action for failure

40





of the writ to claim a relief where he did not make such an application at the

Court of first instance.

2.

Whether an appellate Court will disturb the judgment of a lower court simply

on the ground that the Judge of his own motion amended the claim.

3.

Whether an appellate Court can vary the orders of a trial Judge.

45





4. Whether the wrong use of a word in pleading, understood correctly by the other

party without taking objection to it is required to be amended by the court before

granting the relief sought.

FACTS:

The

1st

defendant had obtained a judgment for declaration of title against the

50





plaintiff who later made negotiations

to buy

the

land from the 1st defendant

for

£300 in instalments of £100 and £200 respectively. After paying the £100, attempts

to pay the £200 were rendered futile by the 2nd defendant's suggestion of an

amount more than £200. The plaintiff brought a writ of summons against the 1st

defendant seeking specific performance of their agreement and later to invalidate