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MR. GIDEON OSAMUDIAMHEN & ANOR v. MRS. OKORO RUTH

(2017) JELR 41938 (CA)

Court of Appeal  •  CA/B/22/2016(R)  •  8 Jun 2017  •  Nigeria

Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated 01/03/2016 and filed on the same date, the appellants/applicants are seeking the following two reliefs:

1. An Order granting leave to the Appellants/Applicants to amend their Notice of Appeal in the manner formulated by underlining in the body of Exhibit A the Proposed Amended Notice of Appeal.

2. An Order deeming as properly filed and served the Amended Notice of Appeal already filed.

The application is supported with an affidavit of 4 (four) paragraphs and two exhibits; and it is anchored on three grounds namely:

1. The Appellants can amend their Notice and Grounds of Appeal at anytime with leave of this Honourable Court.

2. The Appellants/Applicants seeks leave to amend the Notice of Appeal to pave way for the proper presentation of the issues in controversy.

3. The leave of Court is required and its grant is proper in the circumstance as the Respondent will not be prejudiced by a grant of this…

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