(1999) JELR 45746 (CA)    

Court of Appeal  ·  CA/B/82/93 ·  22 Mar 1999 ·  Nigeria
Other Citations
A.G.s., EdoDelta States v. Jessica Trading Co. Ltd. (1999) 5 NWLR (Pt. 604) 500
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
leave of court
writ of summons
statement of defence
civil procedure
brief of argument
amended writ
3rd plaintiff
high court
trial judge
amended writ of summons
honourable court
amended statement of claim
bendel state high court
facts of this case
learned counsel
abuse of the process of the court
bendel state
consequential orders
entire amended statement of claim
interlocutory appeal
joinder of petrojessica enterprises
law clerk
learned chief judge
mr. d.i. okungbowa
new party
petrojessica enterprises limited
purported amendment
rules of court
supreme court decision
27th day of october
3rd defendants
3rd respondents
attention of counsel
counsel mrs f.e. wilson
due course of time
exercise of his power
following orders
given time
grant of the application
leading judgment
new issues
original date
paragraphs of the amended statement of claim
respect of the said motion
see tindal
such amendments

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal by the 1st - 3rd defendants against the ruling of Obi. J., of High Court, sitting at Benin City, in Benin Judicial Division of the then Bendel State now Edo State of Nigeria, dated 3/4/90. The 1st - 3rd respondents, as plaintiffs, took out a writ of summons against the defendants dated the 27th day of October, 1988, claiming several reliefs. Pleadings were filed and exchanged. The trial Judge adjourned the suit to 8/5/89 for hearing. By an application on motion on notice supported by an affidavit dated the 22nd of May, 1989, filed the same date, the 3rd plaintiff, Petrojessica Enterprises Limited, as applicant, applied to be joined in the suit No.B/433/88 as 3rd plaintiff. The motion was argued on the 26/9/89 and the trial Judge, granted the applicant's prayer with consequential orders as follows:

"Application granted as prayed, Petrojessica Enterprises Limited is hereby joined as 3rd plaintiff in this …

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