Benjamin Maduabuchi V. Attorney General Of Lagos State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED A. DANJUMA, J.C.A. (Delivering the Leading Judgment)

This is an interlocutory appeal against the Ruling of Honourable Justice O. A. WILLIAMS (Mrs.) of the Lagos State High Court delivered in suit No.ID 2169/99 on the 25th day of April, 2008, wherein the learned trial Judge refused and dismissed the application of the Applicant/Appellant who was claimant at the trial for the amendment of his pleadings (Statement of Claim) on the ground that the Defendant/Respondent had closed his case and had no opportunity to amend his pleadings and lead any necessary evidence.

The Ruling of the learned trial Judge as contained at pages 257 – 261 of the record has relevantly at page 250 thereof the following excerpts:-

“The Defendant in this present action who has closed his case has no opportunity to amend his pleadings and lead any necessary evidence. This means that the Defendant is not only surprised, the principle of audi alteram partem will not be observed. I firmly believe that this proposed amendment will over reach the Defendant so it should not be allowed. The objection of the defence is right in the circumstances. I have considered the preliminary objection on its merits and I do not agree that it will serve the ends of justice. It certainly will not do justice to the defence. The amendment ought not to be granted in the interest of justice. The claimant’s application is therefore refused and dismissed.”

Aggrieved by the aforesaid ruling, the claimant/appellant has appealed upon 5 grounds of appeal as contained at pages 265-266 of the record of appeal. The grounds of appeal and their particulars are herein under reproduced for a clearer appreciation of the Appellant’s grouse before this court.

GROUND ONE

(Produce Notice of Appeal 265 -266 of Record)

The Notice of Appeal was filed on 9/5/08 following leave sought and granted to appeal issued on same date being 9th May, 2008. The 1st record of appeal was transmitted to this court on 19th September, 2008 and a second volume filed on 18/3/10 upon leave granted on 11/3/10.

The facts of the case as narrated by the Appellant but disputed in some materials particular by the Respondent are that by an agreement dated 19th day of March, 1999, the claimant became a tenant of the Lagos State Government at its warehouse situate at Ladipo Street, Motori, Mushin Local Government Area of Lagos State for an initial period of 2 years commencing from 1st May, 1999. The agreement is at pages 20 -27 of the record.

At the trial, the plaintiff appellant claimed as follows:-

“1. A declaration that the plaintiff is entitled to remain in possession of all that warehouse situate at Ladipo Street, Papa Ajao (Matori warehouse portion B) as tenant thereof to the Lagos State Government for the period of 2 years commencing the 1st day of May, 1999 and paying therefore the annual rent of N50,000.

2. A declaration that the Defendant’s letter dated the 9th day of August purporting to revoke or determine the tenancy is null and void.
3. An injunction restraining the Government of Lagos State from ejecting the plaintiff from the aforesaid Matori warehouse portion B without due process of law either by itself or through its workman, agents or servants.
4. Annual Rental value, N750,000.

The statement of claim thereof, contained at page 3 of the record of appeal, and which supersedes the writ of summons contains an endorsement for an omnibus relief ie – a prayer No.(d) “for such further order or other orders as this Honourable court may deem fit to make in the circumstance.”

The Defendant filed a statement of defence and a counter claim; and subsequently filed an amended counter claim and amended defence to the claim.

The Appellant filed his Appellant’s brief of argument dated 6th April, 2010 on 7/4/10.