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ACHI
V.
EBENIGHE & ORS

(2013) JELR 35463 (CA)

Court of Appeal 28 Jun 2013 Nigeria
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- The appeal arose from the Plateau State High Court’s refusal to grant the appellant leave to amend his (already several times amended) statement of defence after the close of the plaintiff’s case, seeking to plead additional documents rel

Case Details

Suit Number:CA/J/68/2008
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria
Counsel:SOLOMON UMOH (SAN), with D. N. GWACSON ESQ., M. P. MWANSAT ESQ., and C. OGILI ESQ. For Appellant L. E. ANYIA ESQ., with A. M. MAIJIMI ESQ., and A. R. DASOEM ESQ., for the 1ST RESPONDENTY. N. JWANDER (MRS) ESQ., ACSC, Ministry of Justice, Plateau State, for the 2nd & 3rd RESPONDENTS For Respondent

PETER OLABISI IGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the Plateau State High Court of Justice contained in the Ruling of Y. G. DAKWAK. J delivered on 7th day of February, 2007. The 1st Respondent to this appeal had on 8th day of July, 1999 instituted action against the Appellant as 1st Defendant and the 2nd and 3rd Respondents as 2nd and 3rd Defendants respectively claiming the following reliefs viz:-

"A. N3 million from the defendants jointly and severally as special and general damages.

B. An order directing the defendants to restore the fence to the state it was before the destruction.

C. The costs of this action."

Pleadings were duly exchanged. The 1st Defendant filed a further Amended statement of Defence pursuant to the leave of the High court on 16th day of November, 2001 (pages 49 0 55 of the Record).

The 1st Respondent as Plaintiff opened his case at the High court on 20th day of February, 2001 and closed his case on 4th day of No…

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