ABIMBOLA GEORGE AND ORS V. DOMINION FLOUR MILLS LTD

BAIRAMIAN, F.J.: The defendants have appealed from the judgment of Onyeama, J. in the Lagos Suit No. 338 of 1958 on a number of grounds, but their learned counsel, Chief H. O. Davies, confined his arguments to the following two:-

(1) The learned trial judge erred in law in refusing the defendants leave to amend their pleadings so as to allege illegality when the illegality complained of became apparent from the evidence before the court.

(2) (Numbered 3 in the notice of appeal as amended). The learned trial Judge erred in law in failing to take notice and give consideration to the question of illegality which appeared from the evidence brought before the court.

The grounds indicate that the Defence did not allege facts, or raise a plea of illegality, but Chief Davies relies on a number of cases, from which it will be enough to quote a passage from [1900] 2 Q.B., 214, at p. 220 where Kennedy, J., quoted from previous judgments, as follows:

"Ex turpi causa non oritur actio. This old and…