KASUMU SHOMADE

In an appeal concerning property at 51 Church Street, Lagos, the children of Jinadu Shomade sought to set aside a 1931 conveyance by the first defendant to her children (the second and third defendants) and subsequent mortgages to the fourth defendant, who was seeking foreclosure. The plaintiffs initially pleaded sole ownership through their father; after their case failed, they sought leave to amend to assert co-ownership as descendants of Ayisatu Ajayi. The trial judge refused and entered judgment for the defendants with costs. On appeal, Kingdon C.J. (Nigeria) held that, although amendment is discretionary, refusing an alternative amendment thwarted the court’s primary aim of substantial justice. Because Exhibit B and admitted pleadings indicated intestacy and living children at Ayisatu’s death, a joint interest could have passed to Jinadu’s heirs. The court allowed the appeal and remitted the case to permit an alternative amendment and to hear the defence. Webber C.J. concurred. Petrides C.J. dissented, arguing for dismissal and a fresh action.