ONYEKWERE
V.
IKURU & ORS.

SAKA ADEYEMI IBIYEYE, J.C.A. (Delivering the Leading Judgment): The antecedent of the appeal is that on 21/10/08 it was adjourned to today for definite hearing. The said day has arrived and some five days before today, the appellant filed an application to seek three reliefs which are:

"1. An order granting leave of the court to the appellant/applicant to amend the notice of appeal on pages 564 to 572 of the record of appeal by substituting thereof another notice of appeal;

2. An order that the amended exhibited notice of appeal be deemed as properly filed and served;

3. And for such further order this Honourable Court may deem fit to make it the circumstances. (sic).

The application is supported by a 13 paragraph affidavit. It is important to note that the learned counsel for the appellant/applicant at the last adjournment on 21/10/2008 sought and got leave of this court to strike out the names of the 1st and 6th respondents. It is for ease of reference that the Court retained the nu…