SUNDAY WILLIE EDEMEKONG & ORS. V. BASSEY DAVID EKPO & ORS.

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Lead Ruling): The Appellants are by this motion filed on the 20/4/12, praying for leave to amend ground 9 of the notice of appeal filed on the 11/4/09 and an order deeming the amended notice of appeal attached to the sworn affidavit as duly filed. A six (6) paragraphs affidavit to which are annexed the initial as well as the amended notice of appeal was filed in support thereof.

The Respondents had filed 4 paragraphs counter affidavit to oppose the motion and on order of the court' learned counsel for the parties had filed written addresses in support of their respective positions. The Appellants' address was filed on the 2/5/12, the Respondents' address on 21/5/12 and the Appellants' Reply on the 30/5/12. The addresses were adopted at the hearing of the motion on the 3/10/12 by the learned counsel who urged us to uphold their different submissions therein and to grant or dismiss the motion as the case may be.

According to the learned couns…