MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Port Harcourt Division, Coram: Omage, Fabiyi and Dongban-Mensem JJCA affirming the ruling of the trial High Court per Goodhead J. sitting at Isiokpo High Court made on the 12th day of December, 1997 refusing defendants/appellants leave to further amend their Statement of Defence.
FACTS BRIEFLY STATED:
The background facts to this appeal would be captured hereunder and thus:-
The Appellants, as Defendants in the Trial Court, had sought a further amendment of their statement of defence at a point in the trial when plaintiff had closed its case and the amendments sought, in the opinion of the learned trial judge would "overreach" and "work injustice" on the plaintiff, since it had sought to introduce fresh facts which in the opinion of the learned trial court and affirmed by the Court below, were not in existence at the point in time when the suit was commenced. …