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T.O. AWOTOYE, JCA (Delivering the Leading Judgment): This is the appeal against the ruling of Rivers State High Court CORAM: Iragunima J. delivered on 6/7/2000. The parties to this action at the High Court as per the writ of summon are FAY-DESSY CATERING, PRINCE DESMOND OSAWARU (DESMOND HOTEL LTD.) (DEFENDANTS).
On 25/2/99 the trial court ordered that the suit be entered for hearing on the undefended list and the writ of summons to be marked accordingly. The order of court was served on the defendants.
The defendants through their counsel E.B. Ukiri entered conditional appearance in this suit on 18/5/99.
The plaintiff later applied to amend the writ of summons by deleting the word "catering" in the word appearing as plaintiff and substituting the same with the following "company Limited."
The application was argued. The trial court delivered the ruling on 6/7/2000 and granted the prayers of the plaintiff/applicant.
It is against this decision of the trial court that the defendants fâŚ