UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal ensued from the ruling of the High Court of Plateau State, sitting at Jos, delivered on 24th October, 2019 by A. I Ashom, J., in SUIT NO: PLD/J127/19.
The fact of the case at the trial Court is that the Respondent herein on 5th March 2019; took out a writ of summons in the name of Diamond Bank Plc. against the Appellant. On 26th July, 2019; the Respondent filed a motion on notice seeking to amend its name to read Access Bank Plc. with a supporting affidavit averring that the said application was necessitated by the acquisition of the defunct Diamond bank Plc. by Access Bank Plc. The Appellant filed a counter affidavit in opposition to the motion seeking to amend.
The learned trial Judge on 24th October 2019 delivered its ruling in favour of the Respondent as follows:
“What the Applicant seeks in this application is simply to reflect damages on their originating processes to read ACCESS BANK PLC. The Defendant by …