MOHAMMED A. DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of Honourable Justice O. A. WILLIAMS (Mrs.) of the Lagos State High Court delivered in suit No.ID 2169/99 on the 25th day of April, 2008, wherein the learned trial Judge refused and dismissed the application of the Applicant/Appellant who was claimant at the trial for the amendment of his pleadings (Statement of Claim) on the ground that the Defendant/Respondent had closed his case and had no opportunity to amend his pleadings and lead any necessary evidence.
The Ruling of the learned trial Judge as contained at pages 257 - 261 of the record has relevantly at page 250 thereof the following excerpts:-
"The Defendant in this present action who has closed his case has no opportunity to amend his pleadings and lead any necessary evidence. This means that the Defendant is not only surprised, the principle of audi alteram partem will not be observed. I firmly believe that this…