THE SHELL PETROLEUM DEV. COMPANY OF NIG. LTD. V. AKIRI MARINE ENG. CO. LTD.

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): After hearing arguments of learned counsel for the parties on an application to amend the amended statement of defence, the learned trial Judge on 14/2/99 delivered a ruling allowing the amendment sought in part and rejected the amendment in part. In doing so the learned, trial Judge stated thus:

"The court has thoroughly examined the submissions and the affidavit and counter affidavit and the court is of the view that there is some element of ambush in the amended statement of defence. For instance, the complete removal of paragraph 7 of the statement of defence which admitted plaintiff case. The court is of the view that this type of removal will be prejudicial to plaintiff subject to the retention of this paragraph all other amendments contained in the further amended statement of defence are hereby ordered as prayed. (Pages 51 line 24 and 52 lines 1-4)."

Dissatisfied with that part of the ruling refusing leave to …