n Compulaw - 1st Indigenous Digital Law Library
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CaseLaw

Solanke V. Somefun (1974) CLR 1(b) (SC)

Judgement delivered on January 11th 1974

Brief

  • Application to substitute fresh statement of claim
  • Interlocutory order

Facts

This was an appeal against an interlocutory order refusing substitution of a fresh Statement of Claim for an original one. It was brought under Order 33 of the former Supreme Court (Civil Procedure) Rules, 1948 which provides for amendment of pleadings.

The High Court held that sub¬stitution of a Statement of Claim for one originally filed was not an amendment under the relevant rule and refused the application. The applicant appealed to the Supreme Court.

Issues

  • 1
    Does an application to substitute a fresh statement of claim constitute...
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