Judgment
RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Rivers State Port Harcourt Division delivered on 8th November, 2018 by Hon. C. Nwogu, J. in Suit No. PHC/1006/2017.
The Appellants/Applicants by a Motion on Notice dated and filed on 26th day of October, 2018 at the Court below, brought pursuant to Order 24 Rules 1 & 2 of the High Court (Civil Procedure) Rules 2010 and under the inherent jurisdiction of the honourable Court prayed for: 1) AN ORDER of this honourable Court granting the Defendants/Applicants leave to amend its Statement of Defence in terms of the proposed Amended Statement of Defence herein attached and marked as Exhibit A. 2) AN ORDER deeming the Amended Statement of Defence filed simultaneously with this application as duly filed and served, all filing fees having been paid. 3) Leave of this Court to file additional list of witnesses, witness deposition on oath of Defendants’ new witnesses; Elder Douglas Tekena, Surv.
Needam Yiinu and Samuel Abel Jumbo, Esq., and additional list of documents. 4) Deeming the said additional list of witnesses, list of documents, and witness deposition filed along with this application as duly filed and served, appropriate filing fees have been paid. The Application was supported by an affidavit of Eight (8) paragraphs deposed to by one Anthony Nwankwor, a legal practitioner in the law firm of Thompson Okpoko & Partners, the solicitor to the Defendant/Applicant.
In response to the motion, the Claimant/Respondent filed a counter affidavit of Seven (7) Paragraphs deposed by one Mr. Fabian Maduakolam Iheanacho, a Claimant/Respondent on record on the 2nd day of November, 2018. The Appellants/Applicants filed a further affidavit of Eight (8) Paragraphs on the 7th day of November, 2018 together with a Reply on point of law dated on the 7th day of November, 2018.
The Appellants who are aggrieved with the ruling of 08/11/2022 dismissing the Appellants’ Motion on Notice for an order to amend Statement of Defence appealed to this Court via Notice of Appeal filed on the 19th day of November, 2018. It is anchored on two Grounds of Appeal with their particulars and reliefs sought. The Record of Appeal was compiled and transmitted to the Court of Appeal on the 3rd day of December, 2018 in compliance with the Rules of Court.
