CORAM
S.M.A BELGORE JUSTICE, SUPREME COURT
WALI, JUSTICE, SUPREME COURT
KUTIGI, JUSTICE, SUPREME COURT
OGUNDARE JUSTICE, SUPREME COURT
MOHAMMED JUSTICE, SUPREME COURT
PARTIES
ABIODUN ADELAJA
APPELLANTS
YESUFU ALADE
RESPONDENTS
AREA(S) OF LAW
AMMENDMENT OF NOTICE AND GROUND OF APPEAL
SUMMARY OF FACTS
By Motion on Notice the appellants/applicants pray for leave to amend the Notice and Grounds of Appeal, and leave to amend plaintiffs’ amended Statement of Claim. The plaintiff had already in the High Court claim a declaration of Title to a Statutory Right of Occupancy, general damages for a continuing trespass, and an injunction. Judgment was not given in their favor. They appealed to the Court of Appeal in which the appeal was dismissed. The appellants further brought an application to the Supreme Court for leave to amend the Notice of appeal.
HELD
The motion was granted.
ISSUES
Prayer cannot be granted in the absence of evidence that the Amended Notice and Grounds of Appeal (Exh.A) has been filed and appropriate fees paid.
RATIONES DECIDENDI
LEAVE TO AMEND THE NOTICE AND GROUNDS OF APPEAL
CASES CITED
STATUTES REFERRED TO