(1999) JELR 43896 (SC)    

Supreme Court  ·  SC.161/1998(-R) ·  18 Jun 1999 ·  Nigeria
Other Citations
Okolo v. U.B.N. Ltd (1999) 10 NWLR (Pt.623) 429 (1999) 6 S.C (Pt II) 26
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
amended statement of claim
proposed amendment
account of all monies
illegal debits
said records of appeal
2nd plaintiff of all monies
central bank
court of appeal
imperative need
new case
records of appeal
evidence of the 1st appellant
head counsel of the said appellants
honourable court
interest of justice
new averments
new reliefs
pages 42a
part of the records of appeal
place of the existing amended statement of claim
said affidavit
said pleadings
supporting affidavit
suspense account
2nd plaintiffs account
a. o. ejiwunmi j.s.c.
firm of okiemute mudiaga odje
following order
following principles
grant of the amendment
law firm of e.l. akpofure
leading ruling
learned counsel
leave of that court
main appeal
position of the learned counsel
proposed amended statement of claim
relevant paragraph of the said counter-affidavit
relevant paragraphs of the counter affidavit
said amendment
special knowledge
such further order
sum of n239,143

A. O. EJIWUNMI J.S.C. (Delivering the Leading Ruling): The unique question raised by this application is whether it is proper to allow the applicants to further amend their pleadings before the main appeal is heard in this court.

By a Motion on Notice dated 4th day of November, 1998 and filed in this Court on the 19th November, 1998, the applicants are asking for the following order or Orders:-

1. "Granting Leave to further amend the Amended Statement of Claim filed in this case in line with evidence already led and contained in the records of Appeal as underlined in Red herein.

2. Deeming the attached proposed further amended Statement of Claim attached to the supporting affidavit herein and marked as Exhibit 'P10' as duly filed and amended; the appropriate filing fees have been paid.

3. Directing the said pleadings to be part of the Records of appeal herein in place of the existing amended Statement of Claim at pages 42A-42G and for such further Order or Orders as this Honourable …

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