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See Also:
- PLEADINGS – Amendment of Pleadings – Effect of amended pleadings – The supersession/superiority of amended statement of claim over writ of summons
“It is obviously not farfetched that the trial court, lower court and the Respondent have labored and relied fully on the otiose, obsolete, repealed and unusable statement of claim of…
- PLEADINGS: Amendment of Court Processes/Pleadings – The essence of amendment of pleadings – Desirability of amendments in the interest of justice and fairness
“the essence of amendment of court processes should be to place before the court all the relevant, material and crucial issues of dispute between the parties submitted to the court…
- PLEADINGS – Purpose of pleadings – Bindingness of pleadings on Parties – Application of the maxim audi alteram partem to Pleadings – The Rule Against springing of surprises
ABDUL-KARIMU LEMOMU V. ALHAJI NOAH ALLI-BALOGUN (1975-LCER-979-SC) “In addition to the provisions of Order 18 rule 12 (1) (b) and of order 7613 (3) to which we have referred, this court…
- PLEADINGS – Amendment of Pleadings before Judgment – Need of Court to be reluctant in granting amendment of pleadings before judgment – Instances where amendment of pleadings may be granted before judgment
ASANI TAIWO V. ADAMO AKINWUNMI (1975-LCER-987-SC) “In the first place, unless there is very good and strong justification for so doing, a high court should be reluctant to grant amendments…
- PLEADINGS: The essence of pleadings
"If that was their defence, they should have pleaded it. The essence of pleadings is to settle issues to be tried and to prevent one party taking the other by surprise.…