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ONU, J.S.C. (Delivering the Leading Judgment): This interlocutory appeal arises out of an application made to the Court of Appeal sitting in Lagos for leave to amend the Notice and Grounds of Appeal filed against the decision of Balogun, J., given on the 10th day of May, 1991 wherein he entered judgment in favour of the plaintiff, herein respondent, for $25,659.055.25 (now about N40 million) and other sums plus interest. The appellant as defendant, in the trial Court had proposed to amend the Notice and Grounds of Appeal in the Court below by adding several additional grounds, but learned counsel for the respondent opposed four of those grounds, to wit grounds 1, 2, 3 and 4 for which see pages 43-48 of the Record, as being grounds of fact or mixed law and fact which therefore needed leave.
As transpired, the court below upheld the objection to these four proposed grounds of appeal by a Ruling - for which see pages 3 - 20 of the Record in which it stated inter alia (per Kalgo, J.CA. a…