ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): The interlocutory appeal is against the Ruling of Nosike [J] delivered on 6th May 2005 at Enugu High Court.
The main plank of the appellant can be ascertained from, the brief facts in respect of proceedings at the lower court. During the course of hearing the matter, the then plaintiff but, to be referred to as the respondent, had applied and was granted leave to amend his statement of claim. After the respondent had closed his case, the defendant, but now simply to be referred to as appellant, also applied for leave to a mend his statement of defence, which the lower court judge refused to grant, hence the appeal.
By leave of this Court, appellant's amended briefs of argument was granted and deemed filed on 23/11/2006 in which he distilled sole issue that reads:
"Whether the trial judge exercised its discretion judicially in not allowing the amendments."
In likewise, the respondent framed identical issue as follows:-
"Whethe…