CHIEF G. U. EDOIGIAWERIE V. MRS. ATITI AIDEYAN

AMINA ADAMU AUGIE, J.C.A. (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.

(2) 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:-

... 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 tha…