RAPHAEL OLUFEMI ROWLAND, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Keazor, J. sitting at the Onitsha Judicial Division of the Anambra State High Court. In the course of the hearing of the case by the trial court, the plaintiffs/applicants brought a motion on 11/2/99 praying for an order amending the summons, the claim and the Statement of Claim already filed in the suit by substituting the word "Plc" with the word "Ltd." Wherever the word "Plc" occurs after the word "Diamond" in the summons, claim and statement of claim.
The applicants filed an affidavit in which it is deposed that what they wish to amend is a clerical error or slip.
The defendants filed a counter-affidavit in which it is deposed that the plaintiffs/applicants did not make a clerical error or slip and that they actually intended to sue Diamond Bank Plc which is a non-existent Company.
On 11th May, 1999 the lower court granted the amendment hence this appeal by the appellants.