ANEMENE & ANOR
V.
OBIANYIDO & ORS

(2006) JELR 39968 (CA)    

Court of Appeal  ·  CA/E/134/2001 ·  16 Mar 2006 ·  Nigeria
CORAM
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
juristic person
diamond bank plc
learned trial judge
appellants
application
respondents
appeal
defendants
name
plaintiffs
fair hearing
records
affidavit
clerical error
existing person
lower court
decision of the learned trial judge
diamond bank ltd.
general manager g.b. ollivant ltd
leading judgment
plc
11th may
appellate court
commerce assurance ltd v
complete agreement
constitutional right
counter-affidavit
course of the hearing of the case
court of appeal
decision of keazor
diamond
final analysis
first issue
grounds of appeal
ibru sea foods ltd
instant case
jimi olukayode bada
locus classicus
material point
non-existence of diamond bank plc
n.w.l.r
raphael olufemi rowland
rule of this court
strong view
suleiman galadima
trial court

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.

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