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PETER ABEL DIAH v. EMMANUEL J. BONGO & ORS

(2015) JELR 33350 (CA)

Court of Appeal  •  CA/YL/EPT/TRS/SHA/117/2015  •  14 Dec 2015  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; UCHECHUKWU ONYEMENAM JCA; SAIDU TANKO HUSAINI JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Lead Ruling): This motion on notice seeks the orders as set out in the motion paper, which includes an order of Court granting leave to the appellants to amend their Appellants'?? Brief of argument. The Appellant has urged the Court to grant the application in the interest of justice, while the 1st and 2nd Respondents' Counsel opposed the application and argued per contra.

The motion raises a few issues which we have carefully looked into as follows:

1. The motion itself appears to us to be incompetent in that it has failed to annex a Schedule of amendment which would circumscribe the scope and extent of the amendment sought. It is the duty of an applicant seeking the indulgence of the Court to expressly show by its application what he intends to amend in the process sought to be amended, and not for the Court to sift from the Brief what has been amended and what has not been amended within the recesses of its chambers.

2. It is true that in …

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