Customer Support

OGBULI & ANOR
V.
OGBULI & ANOR

(2007) JELR 42150 (CA)

Court of Appeal 22 May 2007 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appeal arose from the refusal of the High Court of Anambra State to grant the defendants (now appellants) leave to amend their statement of defence in a land dispute suit between members of the Ogbuli Nwawulu family. - The trial court

Case Details

Suit Number:CA/E/64/2006
Judges:JAMES OGENYI OGEBE JCA SOTONYE DENTON-WEST JCA JIMI OLUKAYODE BADA JCA
Counsel:Mr. C. O. Erondu For the Appellant; Mr. B. A. Ogbuli For the .Respondent
Other Citations:Ogbuli v. Ogbuli (2008) 1 NWLR (Pt.1068)

BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of High Court of Anambra State holden at Onitsha in suit No. 0/14/97 Aniemena Ogbuli and 1 other (for themselves and on behalf of Ogbuli Nwawulu family Ogboli-Eke Onitsha) v. Edith Ogbuli and 1 Other. In the said ruling delivered on the 13th day of January, 2006, the learned trial Judge after hearing the application for amendment of statement of defence by the defendants now appellants refused it on the grounds that:

(1) the amendment if granted would overreach the plaintiffs.

(2) the amendment was not to bring evidence in line with pleadings.

(3) the amendment sought to plead new facts.

Dissatisfied with the said ruling the appellants now appealed to this Courts.

The learned counsel for the appellants formulated only one issue for determination as follows:-

"Whether the learned trial Judge was right in dismissing the appellants' application for amendment."

The learned counsel for the respondents on …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.