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HORSFALL
V.
WEST

(1999) JELR 76287 (CA)

Court of Appeal 10 Mar 1999 Nigeria
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Judges:SUNDAY AKINOLA AKINTAN, J.C.A. (Presided and Read the Leading Riding), MICHAEL EYARUOMA AKPIROROH, J.C.A., ABOYI JOHN IKONGBEH, J.C.A.
Counsel:C.C. Elechi, Esq. - for the Applicants O.T. Amachree, Esq. - for the Respondent.
Other Citations:(1999) 4 NWLR (Pt. 597) 120

AKINTAN, J.C.A. (Delivering the Leading Ruling): This is a ruling on motion filed by the respondents/applicants dated 3rd April 1995. The applicants had prayed the court in the said motion for the following relief:

"An order further amending the statement of defence filed in the lower court as per the schedule of amendment annexed to these processes and marked Exhibit A."

The motion is supported by a 10 - paragraph affidavit deposed to by Charles Chinedum Elechi, a legal practitioner in the firm of Abrakasa and Elechi. The main facts relied on in support of the application are contained in paragraphs 3 to 9 of the affidavit which are as follows:

"3.That the law firm of Allagoa and Allagoa represented the applicantsin the lower court and up till the time the appeal was filed.

4.That sometime in January, 1995, I was briefed by the applicants to represent them in the appeal before this honourable court.

5.That subsequently, the records of the court below and other processes filed in this hono…

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