YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court in a ruling delivered by HON. JUSTICE M. H. KURYA on the 10th day of March, 2014 wherein the Lower Court granted the Respondents leave to amend their writ of summons in terms of substituting the 1st to the 12th plaintiffs with their personal representatives and guardians. The writ was taken out in the names of the deceased victims of the fire incident occasioned by the Appellant. The Appellant, via a notice of preliminary objection challenged the jurisdiction of the Court to hear the application having been brought by deceased persons. The application for amendment and the preliminary objection were taken together and the trial Court granted the application for amendment but in the ruling, no mention was made of the preliminary objection though the Court indicated that the Appellant filed a counter affidavit when none was filed.
The Appellant not satisfied w…