DR. M.G.O. IWEKA V. S.C.O.A. NIGERIA LIMITED

ONU, J.S.C. (Delivering the Lead Judgment): This interlocutory appeal by the Plaintiff/Appellant (hereinafter in this judgment referred to shortly as Appellant) is against the ruling of the Court of Appeal, Enugu given on 14th July, 1992, disallowing three motions filed by him on 30th August 1991, 7th February, 1992 and 3rd June, 1992 respectively, in which he sought to amend his appeal (still pending in thelower Court) and to introduce further evidence therein. It is pertinent to point out, in addition, that the action whose tortuous but humble origin commenced in the High Court of Anambra State before Iguh, J, (as he then was) sitting at Onitsha in Suit No.0/241/86, wherein in the Appellant’s claim in paragraph 13 of the Amended Statement of claim, it is averred as follows:- “(1) Specific performance by the Defendant of the contract between the parties for the delivery by the Defendant to the plaintiff of a 504 G.R. air-conditioned Saloon Car. OR In the preferred alternative:- An …