MUKHTAR JCA(Delivering the Lead Ruling): The appellant/applicant has by a motion on notice dated and filed 16 March 2010 sought for the following relief: “An order grantingleave to the appellants/applicants to amend its notice of appeal dated 28 May 2009 against the ruling of the High Court of Lagos State (perR.L.B. Adebiyi J.) delivered on 25 May 2009 in the manner reflected in the proposed amended notice of appeal attached as exhibit ANO 4 to this application.”
The motion is supported by an eleven paragraphed affidavit and four exhibits ANO 1- 4 upon which the learned senior counsel for the applicant, Ademola Akinrele relied in moving the application. He contended that the decision being challenged by way of amendment of the notice of appeal is an error of law; not an issue of discretion. He submitted that a breach of the provision of law in the exercise of discretion is an error of law. The learned silk contended that the notice of appeal is competent because both grounds of appea…