R U L I N G
OFOE, J.A:
The main consideration in this appeal is whether the trial judge’s refusal to grant the defendant’s application for leave to amend was a proper exercise of discretion. We would continue to refer to the parties as plaintiff and defendant as they were at the trial court. A summary of the case between the parties should serve a useful background to understanding this ruling. The plaintiff has sued the defendant for polluting the Chemu Lagoon by its continuous damping and spillage of hydro carbon substances into this lagoon. This act according to the plaintiff is causing the virtual death of life in the said lagoon. Not only has this contamination, which the plaintiffs consider a negligent act of the defendant, affected the rights of the people around this lagoon to a clean and healthy environment but also fishery, bird life and other wild life is running towards stagnation. Indeed the allegation continues that the socio- economic life of the inhabitants around the …