CORAM

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MOHAMMED MUSTAPHA JUSTICE, COURT OF APPEAL

FOLASADE AYODEJI OJO JUSTICE, COURT OF APPEAL

ABDULLAHI MAHMUD BAYERO JUSTICE, COURT OF APPEAL

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PARTIES

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CELPLAS INDUSTRIES NIG. LTD

APPELLANTS 

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POKA GLOBAL ENERGY LTD

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL, CONSTITUTIONAL LAW, EVIDENCE, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The application was filed on the 6th of October, 2021. It is brought pursuant to Orders 4 Rule 10, 6 Rule 9 (1) and 8 Rule 4(1) and (5) of the Rules of this court, 2021, and the inherent jurisdiction of the court. It prays for an order enlarging time within which the applicant may compile and transmit record of appeal in LD/3678GCM/2019, an order enlarging time within which to serve the respondent the record of appeal, an order of court granting leave to the applicant to amend the error ‘ID’ to ‘LD’ on the face of the record, and for an order of this court deeming the already compiled and served record of appeal.

The respondent filed a 13 paragraph counter affidavit in opposition to the motion.

 

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HELD

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Application granted

 

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ISSUES

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Nil

 

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RATIONES DECIDENDI

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AMENDMENT – THE MAIN PRINCIPLE GOVERNING AMENDMENT – CONSIDERATIONS BY COURTS IN GRANTING AMENDMENT

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It is very important not to lose sight of the fact that the main principle governing an amendment is that it enables the court to determine the main issue in controversy between the parties, and to prevent injustice one way or the other to either party, and in the process, ensure that the other party is not overreached in the process; MASKA & ANR V. IBRAHIM & ORS.

I do not see any reason to suggest that the respondent could suffer any injustice by or be overreached by the amendment; on the contrary, failure to grant the application will deprive the applicant the opportunity of its constitutionally guaranteed rights. This right is sacrosanct, inviolable and must not be lightly fettered. Granted the right may not be inherent, but it is one that is exercisable upon the fulfillment of some well-defined constitutional preconditions, namely the right of a party with interest to the proceedings to appeal, especially after having established its grievance against the judgment or decision; See OGUNKUNLE & ORS V. ETERNAL SACRED ORDER OF THE CHERUBIM and SERAPHIM & ORS (2001) 12 NWLR (Pt. 727) 359. See also ADELEKE & ANOR V. OYO STATE HOUSE OF ASSEMBLY (2006) 10 NWLR (Pt. 987) 50; OKOYE V. TOBECHUKWU (2016) LPELR – 41508 (CA) and ZIKLAGSIS NETWORKS LTD V. ADEBIYI & ORS (2017) LPELR-42899(CA) (Pp. 17-18 paras. C). – Per Mohammed Mustapha, JCA

 

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CASES CITED

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STATUTES REFERRED TO

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1. Constitution of the Federal Republic of Nigeria 1999 (as amended)

2. Court of Appeal Rules, 2021

3. Court of Appeal Act

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