(2012) JELR 49329 (CA)    

Court of Appeal  ·  CA/L/756/2008 ·  5 Mar 2012 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
counter claim
record of appeal
learned trial judge
new cause of action
cross examination
proposed amendment
statement of claim
police report
amendment of his pleadings
grounds of appeal
necessary evidence
said paragraphs
1st record of appeal
amended counter claim
application of the applicant
civil proceedings
clearer appreciation of the appellant
due process of law
facts of the case
good reason
grant of the amendment
honourable court
interlocutory appeal
judgment of the trial court
lagos state high court
lead judgment
local government area of lagos state
notice of the court
objection of the defence
plaintiff appellant
present action
produce notice of appeal
respective learned counsel
ruling of the learned trial judge
see entom gibbs
subsisting court order
such further order
tenant of the lagos state government
view of the order of injunction
wrongful exercise of judicial discretion

MOHAMMED A. DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of Honourable Justice O. A. WILLIAMS (Mrs.) of the Lagos State High Court delivered in suit No.ID 2169/99 on the 25th day of April, 2008, wherein the learned trial Judge refused and dismissed the application of the Applicant/Appellant who was claimant at the trial for the amendment of his pleadings (Statement of Claim) on the ground that the Defendant/Respondent had closed his case and had no opportunity to amend his pleadings and lead any necessary evidence.

The Ruling of the learned trial Judge as contained at pages 257 - 261 of the record has relevantly at page 250 thereof the following excerpts:-

"The Defendant in this present action who has closed his case has no opportunity to amend his pleadings and lead any necessary evidence. This means that the Defendant is not only surprised, the principle of audi alteram partem will not be observed. I firmly believe that this…

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