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OGUNBIYI JCA (Delivering the Lead Ruling): On 28 September 2009, when this matter was called up for the hearing of the motion on notice dated and filed 28 May 2008, the learned counsel, Mr. Ade Fajemiroye represented the appellants/applicants. The respondent who was not represented was however in court on 19 May 2009 when the matter was adjourned for hearing of the motion to 28 September 2009. The two reliefs sought on the motion paper are for the following orders: “1. Leave to amend the notice of appeal as per the schedule of amendment herewith attached as exhibit A.
To deem the amended notice of appeal already filed as properly filed and served.”
The said motion was supported by an affidavit of 10 paragraphs and to which a schedule of amendment marked exhibit A was attached. The nature of the amendment sought was to replace the initial notice filed with the name,Ade Fajemiroye and Co. and substitutingsame withAde Fajemiroye Esq. as counsel for the appellants. The initial notice of a…