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EQUITY BANK OF NIGERIA LIMITED V. ALHAJI AHMADU DAURA

(1999) JELR 43731 (CA)

Court of Appeal  •  CA/L/234/96  •  5 Jul 1999  •  Nigeria

Coram
IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; SULEIMAN GALADIMA JCA; PIUS OLAYIWOLA ADEREMI JCA;

Appearances
Kehinde Sofola SAN (with him, P. C. Ezidigwu and B. A. Oyenude) For Appellant T. A. G. Ivory For Respondent

Judgement

PATS-ACHOLONU J.C.A. (Delivering the Leading Judgment): The matter that gave rise to this appeal is whether or/not the Plaintiff appellant in this case who applied for leave to amend its statement of claim should have been allowed to do so; and tacked to it is a short ruling of the court below refusing an adjournment, after the reading of the Ruling on the issue of amendment.

The back ground of the case is that the plaintiff/appellant has issued a writ of summons claiming a sum of money against the Defendant in Suit No.LD/62/96 discontinued against the Central Bank of Nigeria. In course of the proceedings the appellant filed an application for leave to amend its pleadings. The court refused leave to amend. It, (the appellant) applied for an adjournment on the ground that the case was fixed for the Ruling of the court on the issue of leave to amend. The court equally turned it down. Whereupon the plaintiff appealed against those decision. The issue distilled from the ground of appeal i…

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