OKORO JCA (Delivering the Lead Ruling): The appellants, by a motion on notice filed on 27 October 2009, prayed for the following orders: “An order for leave of court to amend the appellants’ notice of appeal dated 20 January 2007 in the manner underlined in the proposed amended notice of appeal annexed as LASG 1.
An order to deem the amended notice of appeal as properly filed and served”.
In support of the said motion, the appellants/applicants filed an 11 paragraphed affidavit deposed to by one Olakunle Ligali, a legal officer with the Lagos State Ministry of Justice. Attached to the said affidavit is exhibit LASG1, the proposed amended notice of appeal. In further support of the application, the applicants filed a further affidavit of 8 paragraphs with one exhibit annexed which is marked LASG - a ruling of this court.
In opposing the application, the respondentfiled an eleven paragraphed counter-affidavit with exhibits A,andattached.
Arguing the application, the applicants’ learned co…