JOHN INYANG OKORO, J.C.A. (Delivering the leading Judgment): The Applicants, by a motion on notice filed on 27th October, 2009, prayed for the following orders:
"(1) An order for leave of court to amend the Appellants' Notice of Appeal dated January 20th 2007 in the manner underlined in the proposed Amended Notice of Appeal annexed as LASG1.
(2) 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 paragraphs 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 Respondent filed an eleven paragraphs counter affidavit with Exhibits A, B and C attached.
Arguing the…