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PATRICK IZUAGBE OKOLO & ANOR. V. UNION BANK OF NIGERIA LIMITED

(1999) JELR 43896 (SC)

Supreme Court  •  SC.161/1998(-R)  •  18 Jun 1999  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Appearances
Okiemute Madiaga Odje, Esq. For Appellant Chief E. L. Akpofure, SAN (with him, A. Izinyon, Esq. and Josephine E. Ogbeide [Miss]) For Respondent

Judgement

A. O. EJIWUNMI J.S.C. (Delivering the Leading Ruling): The unique question raised by this application is whether it is proper to allow the applicants to further amend their pleadings before the main appeal is heard in this court.

By a Motion on Notice dated 4th day of November, 1998 and filed in this Court on the 19th November, 1998, the applicants are asking for the following order or Orders:-

1. "Granting Leave to further amend the Amended Statement of Claim filed in this case in line with evidence already led and contained in the records of Appeal as underlined in Red herein.

2. Deeming the attached proposed further amended Statement of Claim attached to the supporting affidavit herein and marked as Exhibit 'P10' as duly filed and amended; the appropriate filing fees have been paid.

3. Directing the said pleadings to be part of the Records of appeal herein in place of the existing amended Statement of Claim at pages 42A-42G and for such further Order or Orders as this Honourable …

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