Chief Adedapo Adekeye & Ors. V. Chief O. B. Akin-olugbade (1987)

LawGlobal-Hub Lead Judgment Report

OPUTA, J.S.C.

The present Respondent as Plaintiff sued two Defendants in the Lagos High Court namely Chief Adedapo Adekeye and Alban Pharmacy Limited claiming:

“(a) An account of the Partnership business of “Excelsior Building Society” from the period 24th March 1959 to date;

(b) An Order restraining 1st Defendant from continuing to waste and mismanage the Partnership property or alienating same in any way;

(c) Arrears of rent from 2nd Defendant from 24th March, 1959 to date;

(d) Fifty thousand Naira (N50,000.00) damages from 1st and/or 2nd Defendant for negligence in managing the partnership business without authority;

(e) Payment in equal shares of all rents and profits accruing from the partnership business.”

From the above claims it is pretty obvious that the entire case of the Plaintiff is predicated on the existence of a partnership relationship between the parties. The main issue on which other subsidiary issues will revolve will therefore be the existence of this Partnership. If the partnership is found as a fact to exist or to have existed then all the relevant legal consequences will follow otherwise the Plaintiff will be out of Court.

Pleadings were ordered,filed and delivered. These pleadings were amended several times before the actual trial by Dosunmu, J. (as he then was). On the 7th June, 1976 the Plaintiff amended his Writ of Summons and Statement of Claim. The amended Claim now included a Declaration that Title to the freehold property under Title LO. 3158 belongs to the Plaintiff. the two Defendants and the Estate of late G.O. Obajimi who were all partners in the firm of Excelsior Building Society. On the 5th December, 1978, Mrs. Glaribel Obajimi and Mrs. Gloria Akinwale joined in the action as representing the Estate of G.O. Obajimi. In the Court of Appeal itself the Plaintiff who was then Appellant brought a motion to amend his “Grounds of Appeal” and also applied “for leave to amend his Statement of Claim” in the manner set forth in the Second Schedule:-

“Second Schedule

Delete paragraph 19 of the Amended Statement of Claim herein and copied on pp.224 to 232 of the Record of Appeal and substitute the following:

Whereof the plaintiff claims against the Defendant jointly and severally as follows:

(a) A declaration that the property at the junction of Broad Street and Ports Novo Market Street (now renamed Abibu Oki Street) and comprised in Title No. LO.3158 is held by the second defendant subject to equitable interests and trusts in favour of the Plaintiff, the estate of G.O. Obajimi deceased and the two defendants.

(b) An order that the defendants do jointly and severally render an account of profits and income accruing to them or which reasonably ought to have accrued to them from the land and premises comprised in Title No. LO.3158.