WEMA BANK PLC V. ALHAJI ASANI AWOTUNDE & ORS.

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Ruling): In a motion on Notice dated 27th day of October, 2009 and filed on the 28th day of October, 2009, the applicant prayed for the following orders:

'1. AN ORDER of this Honourable court granting the Appellant/Applicant leave to amend its Notice of Appeal filed on the 23/08/2006 before this Honourable court as contained in the schedule of amendment attached to this motion.

2. An order of this Honourable court to deem as properly filed and served the Amended Notice of Appeal already filed and served.

AND FOR SUCH FURTHER or other orders as this Honourable court may deem fit to make in the circumstances of this case.'

The application was brought pursuant to Order 7 Rule 10(1) of the Court of Appeal Rules, 2007. It was supported by a six (6) paragraph affidavit sworn to by one EnosJacob, a legal practitioner in the law firm of Musibau Adetunbi and Co, counsel to the Applicant. The amendment was sought in line with paragraph (3) of the…