JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the High Court of Lagos State delivered on 25th day of October, 2007 by D. A. Williams, J, wherein the learned trial Judge dismissed the Appellants' Motion for amendment of their statement of defence.
A synopsis of the facts will suffice. The Respondent who was the Claimant at the court below filed a writ of summons accompanied with a statement of claim on 22nd December, 1997. The Appellants filed their statement of defence dated 27th May, 1998 on the same date. Subsequently, the Respondent applied to the court by motion on notice to amend his statement of claim. This application was granted and the said amended statement of claim was filed on 23rd July, 2001.
The Respondent further amended his statement of claim and filed same on 4th July, 2004. It is dated 2nd June, 2004.
Similarly, the Appellants who were the Defendants at the court below sought and was granted leave b…