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AUGIE JCA (Delivering the Lead Ruling): This is an application for an order granting the respondent/applicant leave to further amend his further amended statement of defence filed and used in the trial High Court. The grounds for the application are as follows - “(1) The plaintiff/appellant/respondent testified in this case on 15/ 2/2001. While she was being cross-examined, she said as follows - “... It is not true that my husband, PW2 applied for parcels of land using the name of the wives and children to cover up ...”
These facts of the evidence elicited under cross-examination were not pleaded in the statement of defence. On 22/3/2001 the defendant/respondent/applicant gave evidence in his defence and part of what he said in his testimony is as follows - A “... I eventually bought the land. They were many people the day I paid for the land. I was taken to the land by Omosefe Osazee in the presence of the people who were present when I paid for the land ... I was told that the land…