BELGORE JCA (Delivering the Lead Judgment): This appeal
emanated from the decision of the Federal High Court, Kano, contained in the ruling of Hon. Shehu Yahaya, J., delivered on 6 November 2008 whereby the appellant’s motion for leave to amend the 2nd defendant’s (appellant’s) statement of defence was dismissed.
The facts leading to this appeal are that: the respondent had called two witnesses and closed its case before the appellant filed a motion, praying for leave to amend its statement of defence. In the interim, the learned trial judge who took the two witnesses of the respondent was transferred out of the jurisdiction and was replaced by Hon. Justice Shehu Yahaya, now seised of the matter. On the date fixed for the hearing of the motion for amendment, the learned counsel for the appellant was not in court and on the application of learned counsel for the respondent (who was the plaintiff before that court), the motion aforesaid was struck out. The appellant filed a new motion and…