EGEMASI & ANOR V. ONYEKWERE & ANOR.

• Pages: 409-415

409

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NIGERIAN SUPREME COURT CASES

[1983] N.S.C.C.

ships are disposed to give the appellant an opportunity of amending, on terms

to be presently stated, on the ground

that they think the learned Judge was in

error in shutting out altogether the evidence of three witnesses who proved the

contents of the destroyed letter

and in relying only upon the witness Gilpin.

They think that his having shut out the evidence of those three witnesses from

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his consideration may have influenced his own mind in the exercise of the dis-

cretion which he possessed with regard to the amendment and probably, if the

learned Chief Justice had taken the same view of that evidence which they have

done, he might himself have exercised his power in a different way."

(Italics

mine)

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That matter was commenced in the Supreme Court of Sierra Leone by the ap-

pellant, a Barrister practising as an Advocate and Attorney in the courts in Sierra

Leone, against the respondent, a Police Magistrate in Sierra Leone. It was an ac-

tion for defamation in the way of his profession. See also

Chief Gbogbolulu v.

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Chief Hodo

7 W.A.C.A. 164.

The Federal Court of Appeal was acting in the interest of justice when it

amended the writ of Summons in exercise of its undoubted power and granted the

declaration.

I would also and I hereby dismiss the appeal and affirm the decision of the

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Federal Court of Appeal with costs to the respondents fixed at N300.00

Appeal dismissed.

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EGEMASI & ANOR V. ONYEKWERE & ANOR.

GAIUS EGEMASI & ANOR.

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APPELLANTS

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V

AGIM DURU ONYEKWERE & ANOR.

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RESPONDENTS

SUIT NO. SC 32/1983

SUPREME COURT OF NIGERIA

IRIKEFE,

BELLO,

OBASEKI,

ANIAGOLU,

NNAMANI,

6th September, 1983

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

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Appeals - To Federal Court of Appeal (Civil) - Record of Proceedings -

Falsification of - Plaintiffs' Evidence on fundamental point fraudulently altered

to support defendants' case - Federal Court of Appeal reversal of High Court

judgment only justifiable on said falsified evidence - High Court judgment

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refused by Supreme Court.

ISSUES:

1.

Whether a judgment based on falsified records should be allowed to stand.

2.

Whether counsel has a duty to ensure that correct records of proceedings are

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put before the Appeal Court.