SANKEY JCA (Delivering the Lead Ruling): Chief J. O. Ojo, the appellant/applicant herein, filed a motion on notice on 1st June, 2006 dated 30th May, 2006. Therein, he seeks the following orders from this court:
An order granting leave to the appellant/applicant to amend their notice of appeal by the inclusion of the additional ground of appeal attached as exhibit Ato the affidavit in support of this application ; An order deeming the amended notice of appeal as having been properly filed.
The motion is supported by a 19 paragraph affidavit duly sworn to by one Olayinka Esan.Annexed thereto is a schedule containingthe proposed additional grounds of appeal and it is marked exhibit A.
The motion was served on the two respondents therein named. Consequent upon this, the respondents filed a counter-affidavit of 20 paragraphs dated and filed 1st November, 2006 and deposed to by one Prince Michael Olusola Adedeji, the 2nd respondent herein.Annexed thereto are six exhibits marked A to F. On th…