Supreme Court 2nd June, 2014.
Justices: Muhammad Saifullahi Muntaka-Coomassie, JSC, Mary Ukaego Peter-Odili, JSC
Olukayode Ariwoola, JSC, Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC, John Inyang Okoro, JSC
Subject Matter(s):
Difference Between Party to an Action and Person Interested
The Court Cannot Make an Order or Give Judgment Against a Person Who is Not Made a Party Otherwise a Nullity
Unliquidated Damages May be Set Off, Even Where They Arise from a Different Transaction
Misnomer
Formal Amendments to be Allowed to do Substantial Justice
Amendment to Bring Real Issues in Controversy and to Bring Pleadings in Line with Evidence Led will be Granted
Principle Governing Amendment of Pleadings
Changing an Admission by Amendment
Where an Admission was Made Unintentionally
Amendment Will Be Granted to Correct a Misnomer
Upon Amendment of the Statement of Claim, the Defendant is at Liberty to Amend the Statement of Defence
Duty of Judge to do Substantial Justice and Prevent Undue Adherence to Technicalities
When the Eldest Son Will be Entitled to Take Inheritance of the Igiogbe Under Benin/Bini Customary Law
Respondent Has Option of Filing Notice or Incorporating Same in His Brief
Where no Notice of Preliminary Objection is Filed but Notice is Given in Respondent’s Brief
Where Respondent Argues Preliminary Objection in Brief, Unnecessary to Again File Notice of Preliminary Objection Preliminary Objection to be Moved Before the Hearing of Substantive Appeal
Failure of the Respondent to File a Form Notice of Preliminary Objection
Where Respondent Fails to Comply with Rules in Filing of Notice of Preliminary Objection Court May Either Refuse to Entertain Same or Adjourn the Hearing
Court Will Entertain Preliminary Objection Which Has Been Responded to Even If Not Formally Moved at Hearing
Grounds of Appeal Must Arise from Decision Appealed Against and Challenge the Ratio and Not Obiter Dicta
Obiter Dictum Cannot Constitute a Ground of Appeal
Nature of Order of Non-Suit
Where Breach of Fair Hearing Proceeding is Liable to be Declared a Nullity
There Should be Consistency by Party in Prosecuting Case at Trial Court and on Appeal
Final Order: Appeal Dismissed