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DINNEH

(2005) JELR 45127 (CA)

Court of Appeal 8 Dec 2005 Nigeria
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- The case is an appeal from the ruling of Hon. Justice A.I. Chikere of the FCT High Court, Abuja, granting the plaintiff leave to amend his statement of claim to include additional and alternative reliefs after the close of evidence. - Th

Case Details

Suit Number:CA/A/184/M/2004
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria MARY U. PETER ODILI Justice of The Court of Appeal of Nigeria OLABODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria
Counsel:Chief B. Aluko-Olokun (SAN),Simon Nnadi Esq. For Appellant L.O. Fagbemi (SAN),K. O. Fagbemi Esq. For Respondent

MARY U. PETER ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Honorable Justice A.I. Chikere of the High Court of the Federal Capital Territory, Abuja, whereby the learned Judge granted the application of the Plaintiff/Respondent in allowing the amendment sought of the Statement of Claim by a motion of 18/10/2004, which read inter alia:-

(1) An order granting leave to the Plaintiff/Applicant to further amend his statement of claim in term of the schedule attached hereto as Exhibit A".

The Schedule of Amendment stated as follows:-

''SCHEDULE OF AMENDMENT"

AMENDED STATEMENT OF CLAIM

1. Add the following words immediately after the word 'suit' which is the last word in paragraph 12 "which document was made pursuant to the provision of the (law) Act setting up the defendant.

2. Add the following immediately after the last word in paragraph 52 "although plaintiff is still willing and able to work if given the opportunity"

3. Remember the original p…

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