NZE BENSON OBIALOR & ANOR V. JOSIAH UCHENDU & ORS

JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): The Appellants commenced this suit at the lower court on 28/5/10 with their writ of summons, statement of claim, written deposition of Nze Benson Obialor and list of witnesses. By a motion dated 20/8/10 but filed on 23/8/10, the Appellants applied to amend their statement of claim by bringing in a 3rd claimant and other amendments. By a ruling made on 11/10/10, the learned trial judge granted the amendment of the statement of claim save the request to bring in a 3rd claimant. Again, by a motion on notice dated the 21st October, 2011 and filed on 26th October, 2011, the Appellants sought to further amend their statement of claim. The further amendment is to bring in a witness and a document annexed to the affidavit in support said to be a judgment of the District Court of Isuikwuato as well as new facts which emerged after the 1st Claimant had testified.

The said motion on notice was argued on 9th December, 2011 and the Respon…