COURT PROCESS IS TO BE FILED AS FOLLOWS

CARE MUST BE OBSERVED IN PREPPING COURT PROCESSES

Tobi, J.C.A. in Joshua Fumudoh and Anor. v. Dominic Aboro and Anor. (1991) 9 NWLR (Pt.214) 210 at 225 where His Lordship had this to say:- “All I have done is send one message to counsel in the preparation of court processes. So much care is required and so much care should be taken. A Court process is not just like a letter to a friend where one can afford to slip here and there with little or no adverse effect. A Court process is a sacred and most important document which must be thoroughly done and thoroughly finished. The adverse party, as usual in the profession will always open his ears and his eyes very wide to pinpoint any error and capitalise on same. He is always on the toes of the opponent to ‘devour’ him. But surprisingly, learned counsel for the appellant did not see the points. It is possible he saw them and ignored them, knowing that they do not in reality detract from the merits of the objection as such.”

TRIAL JUDGE SHOULD NOT RELY ON ORIGINAL STATEMENT OF DEFENCE WHEN THERE IS AN AMENDMENT

Madam Salami and others v. Oke (1987) 4 NWLR (Pt.63) 1. Both counsel relied on this case. In this case, the Supreme Court held that there is nothing fundamentally wrong with a trial Judge merely referring to an original Statement of Defence. However, there is everything wrong with the trial Judge relying on original Statement of Defence to arrive at the live issues in a case where there exists an Amended Statement of Defence. That was the lead judgment of Kawu, J.S.C. In my view, if an amendment relates to the real question in controversy, a trial Judge has no jurisdiction to ignore it and fall back on the original pleadings which are contrary to the amended pleadings. The original pleadings have been overtaken by events and should be so treated. But I see nothing wrong in a trial Judge making reference to original pleadings in the course of his judgment. What should guide an appellate court is whether from the totality of the judgment of the learned trial Judge, he was influenced by the affidavits in previous interlocutory proceedings which are not relevant in arriving at findings and final decisions.

— Tobi, JCA. Abraham v Olorunfunmi (1990) – CA/L/83/89