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PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an Interlocutory appeal against the ruling of the High Court, Imo State, sitting in Owerri delivered on the 9th March, 2010 by Justice Nonye Okoronkwo, wherein the learned trial Judge refused the application for amendment of the Plaintiff/Appellant's Statement of Claim. The plaintiffs being dissatisfied with the ruling of the trial court appealed to this court.
The facts of the case are briefly stated as follows:
The appellants as plaintiffs in the lower court brought a motion to amend their Statement of Claim to plead a Power of Attorney as receipt evidencing payment of money in the transaction which is the subject matter of Suit NO. HOW/939/2008. The said motion was brought after an objection had been raised to the admissibility of the said Power of Attorney for not being registered as an Instrument. While arguments were on going and before the ruling on the admissibility or otherwise was reached,the plaintiffs fâŚ