OGUNBIYI, J.C.A. (Delivering the Leading Ruling): The motion on notice is brought pursuant to Order 6 rule 4, Order 7 rule 1 of the Court of Appeal Rules, 2007. It is dated and filed 24th day of April, 2008 and prays for the following relief: -
“An order granting the applicant leave to amend its notice of appeal by adding one additional ground of appeal and to deem as properly filed and served the amended notice of appeal incorporating the five grounds of appeal already filed and served.”
The two grounds predicating the application are:-
1. At the time the original notice of appeal was filed the appellants have not obtained the judgment of the lower court.
2. The appellants have now obtained the judgment and has found that there is need to include the 5th ground of appeal in order to cover all the issues arising from the judgment.
The application is supported by two sets of affidavits, to wit main and further and better affidavits of 13 and 7 paragraphs respectively. The proposed amended n…