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JULIANA IBIYEMI AKINBINU V. YISA EYIFUNMI OSENI & ANOR.

(1992) JELR 39902 (SC)

Supreme Court  •  SC.131/87  •  10 Jan 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; EPHRAIM OMOROSE IBUKUN AKPATA JSC; UCHE OMO JSC;

Judgement

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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