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CHIEF EMMANUEL BELLO v. INDEPENDENT ELECTORAL COMMISSION & ANOR.

(2010) JELR 47603 (SC)

Supreme Court  •  SC.330/2008  •  5 Mar 2010  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; MAHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

M. MOHAMMED, JSC (DELIVERING THE LEADING JUDGMENT): The appellant in this appeal was the plaintiff at the trial Federal High Court Abuja where by originating summons dated 21st February, 2007, he instituted an action against the 1st and 2nd respondents as the defendants. By a motion on notice supported by affidavit filed at the court on 28th February, 2007, the appellant sought the leave of the court to amend the originating summons by filling an amended originating summons which removed the name of the 2nd respondent as a defendant in the action, leaving the 1st respondent alone to defend the action. The grounds or questions for determination and the relief being sought in the original action were also amended. The parties were duly heard on this application for amendment and the application granted. The amended originating summons in the action between the appellant as plaintiff and the 1st respondent as the defendant dated 1st March, 2007 was subsequently heard. After hearing the p…

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