SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This appeal from the High Court of Lagos State raises the question as to whether an Application to substitute a fresh Statement of claim constitutes an amendment of a pleading under Order 33 of the former Supreme Court (Civil Procedure) Rules Cap. 211 in volume X of the 1948 Edition of the Laws of Nigeria which were then applicable in that State. The relevant rule reads:-
"The court may at any stage of the proceedings either of its own motion or on the application of either party, order any proceedings to be amended, whether the defect or error be that of the pany applying to amend or not, and all such amendments as may be necessary or proper for the purpose of eliminating all statements which may tend to prejudice, embarrass, or delay the fair trial of the suit, and for the purpose of determining in the existing suit, the real question or questions in controversy between the parties, shall be made upon such terms as to costs or othe…