PLEADINGS – AMENDED PROCESS/NOTICE OF APPEAL – Legal effect of an amended court process – Whether the Court can rely on an amended process in subsequent proceedings:

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“Once amended, an original Notice of Appeal ceases to be a valid process before the Court or any subsequent proceedings. In the instant case, since the lower court had granted the appellant leave to amend the original Notice of Appeal and the amended Notice of Appeal was duly filed and served, as ordered by the lower Court – the original Notice of Appeal is deemed discarded, Afribank (Nig.) Plc v. Akwara [2006] 5 NWLR (pt. 974) 619; Oboh and Anor V. Nigeria Football League Ltd and Ors [2022] LPELR – 56867 (SC). It was, thus, improper for the lower Court to proceed with the case by relying or acting on the discarded Notice of Appeal in total disregard for the amended Notice of Appeal.” Per CHIMA CENTUS NWEZE, JSC in WEMA BANK PLC V. ABRAHAM OLOTU (2022-LCER-46556-SC) at Pp. 2 – 3; Paras. D – D.

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PLEADINGS – AMENDED PROCESS/NOTICE OF APPEAL – Legal effect of an amended court process – Whether the Court can rely on an amended process in subsequent proceedings

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