ISAIAH OLUFEMI AKEJU, J.C.A.: (Delivering the Leading Ruling): By the Motion on Notice dated 21st March, 2011 but filed on 11/4/2011, the appellant had prayed this court for:
"An order granting leave to the Appellant/Applicant to amend the Notice and Grounds of Appeal dated 3rd day of August, 2006 and filed on the same date; and the Appellant's Brief of Argument dated the 21st day of August, and filed on 22nd day of August 2008 in terms of the Schedule of Amendment attached to the supporting Affidavit as Exhibit B."
The grounds upon which the prayer was sought are stated as follows:-
i. Upon the instruction of the Appellant/Applicant, the Appellant/Applicant's Solicitors on 3rd day of August 2006 filed Notice and Grounds of Appeal dated 3rd August 2006, which originated this Appeal.
ii. While preparing the Notice and Grounds of appeal the Appellant/Applicant's Counsel mistakenly included as a relief sought from this court to "set aside the garnishee order absolute made on the 19th day…