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BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of High Court of Anambra State holden at Onitsha in suit No. 0/14/97 Aniemena Ogbuli and 1 other (for themselves and on behalf of Ogbuli Nwawulu family Ogboli-Eke Onitsha) v. Edith Ogbuli and 1 Other. In the said ruling delivered on the 13th day of January, 2006, the learned trial Judge after hearing the application for amendment of statement of defence by the defendants now appellants refused it on the grounds that:
(1) the amendment if granted would overreach the plaintiffs.
(2) the amendment was not to bring evidence in line with pleadings.
(3) the amendment sought to plead new facts.
Dissatisfied with the said ruling the appellants now appealed to this Courts.
The learned counsel for the appellants formulated only one issue for determination as follows:-
"Whether the learned trial Judge was right in dismissing the appellants' application for amendment."
The learned counsel for the respondents on …