(1992) JELR 39902 (SC)    

Supreme Court  ·  SC.131/87 ·  10 Jan 1992 ·  Nigeria
Other Citations
Akinbinu v. Oseni (1992) 1 NWLR (Pt. 215) 97 Oseni v. Akinbinu (1992) 23 N.S.C.C (Pt I) 22
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
mr. akin ojo
2nd respondent
court of appeal
second respondent
statement of defence
learned justices of the court of appeal
mr. ojo
trial judge
grounds of appeal
loan agreement
mr. sofunde
formal application
business of the learned trial judge
following issues
interest of justice
said loan agreement
stage of the proceedings
trial court
amended grounds of appeal
first issue
instruction of the defendant
justice of the court of appeal
majority decision of the court of appeal
point of adjournment
relevant paragraph of the statement of defence
amended appellant
amended statement of defence
considered judgment
contention of the defendant
court of appeal issues
court registrar
leading judgment
learned counsel
majority decision hold
necessary party
order of a trial court
respective briefs of argument
role of the trial court
ruling of the learned trial judge
second respondents
sets of the issues
stage counsel

E. O. I. AKPATA, J.S.C. (Delivering the Leading Judgment): This appeal relates in the main to the right or otherwise of a person not a party in a case to appeal against an order of a trial court allowing one of the parties to amend his or her pleading. Incidental to it is the competence, or lack of it, of the Court of Appeal to pronounce on the role of the trial Court in granting the amendment when it (the Court of Appeal) had held that the appellant was not competent to appeal against the order. The plaintiff, Yisa Oseni claimed from the defendant, Juliana Akinbinu, the sum of N140,000.00 being money payable by her to him as per a loan agreement dated 25th November, 1977. It was the contention of the defendant in her statement of defence that the said loan agreement prepared by one Mr. Akin Ojo, a solicitor, was obtained by fraud. She went on to state that Mr. Ojo brought two deeds of conveyance along with the said loan agreement, and explained to her, an illiterate, that the said lo…

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