YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the interlocutory ruling of the Lagos High Court of Justice presided over by JUSTICE J.E. OYEFESO delivered on the 7th day of February, 2012 wherein the court refused leave to the appellant to amend his statement of defence. The appellant, aggrieved with the said ruling, appealed to this court by a Notice of Appeal dated 16th February, 2012 setting out 3 grounds of appeal.
The brief facts of this appeal are that the Respondent by a writ of summons initiated a suit against the appellant and 2 others at the High Court asking for foreclosure of a tripartite mortgage. Judgment was obtained against the 2 other defendants at pretrial stage but the court declined to enter judgment against the appellant because the Respondent failed to exhibit the execution page of the Tripartite Legal Mortgage. Thereafter, the Respondent sought leave of court to amend its originating processes which was granted on 23rd …