NDUBUISI OKEKE & ORS V. ENGR. OBIUKWU OKEKE & ORS

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal by the plaintiff/appellants against the decision/Ruling of I. A. Umezulike, the Chief Judge of Enugu State on 10th day of May, 2010 granting an application for Amendment of the Joint Statement of Defence of the defendants/respondents.

The background facts leading to this appeal are that after parties concluded their evidence, the court ordered for written addresses and the matter was adjourned for adoption of written addresses. On the 1st day of March 2010, parties having filed and exchanged final written addresses adopted same whereupon the case was adjourned to the 26th day of April, 2010 for judgment. On the 4th day of March 2010, the Respondents filed and served on the appellants an application to amend their joint statement of defence by introducing a new paragraph 8(i) paragraph A - L. In reaction to the application, the Appellants filed a counter-affidavit with a supporting written a…