ELIAS & ANOR
V.
ELIAS & ORS

(1994) JELR 43335 (CA)

Court of Appeal 13 Apr 1994 Nigeria
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- This is an appeal from an interlocutory decision of the High Court of Lagos State. - The appeal concerns an application to amend the writ of summons and statement of claim in a suit. - The two applicants sought leave to amend the proceedi

Case Details

Suit Number:CA/L/293/92
Judges:SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria
Counsel:Chief F.R.A. Williams, SAN (with him, Miss Etoniru) For Appellant K. Sofola, SAN (with him, T. Sokunbi, A. Idrisu)Ladi Williams For Respondent
Other Citations:Elias v. Elias (2001) 9 NWLR (Pt.718)429, (2001) 9 NWLR (Pt. 718) 429

AYOOLA, JCA (Delivering the Leading Judgment): This is an appeal from an interlocutory decision of the High Court of Lagos State (Ope-Agbe, J.) whereby he amended the title of a motion by which an application was made by the two applicants therein to amend proceedings in a suit pending before him, and proceeded to grant leave to amend the writ of summons and statement of claim in the suit.

Zainab Yewale Elias (Zainab) by her next friend Alhaja Mariam Elias (her mother) commenced an action by a writ of summons issued on 29th July, 1991 against three persons namely Dr. T. O. Elias (acting by his Attorney), Alhaji Adebola Olakunle, and Raheem Adebola Olakunle, all sued as Administrators of the Estate of Alhaji A. W. Elias (deceased) claiming a declaraton and several reliefs the details of which are not material to the issues on this appeal, but all pertaining, it would appear, to the administration of the Estate of Alhaji A. W. Elias. In October, 1992, Counsel then acting on behalf of tw…

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