Alhaji Rafiu Kuranga & Ors V. Olatunde George & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

By a motion on notice filed on 19th of November, 2013 and brought under Order 7 Rule 1 of the Court of Appeal Rules 2011, Section 15 of the Court of Appeal Act 2004 and under the inherent jurisdiction of this Court, the Respondent/Cross-Appellant/Applicant herein prayed for the following orders:

“1. An order of this Honourable Court joined Estate of Louis Omotayo Joseph, Alhaji Olasunkanmi (otherwise called Alhaji Rafiu Kuranga), Mr. Oyesola Oyewo and Mr. Rahmoni Oyewole as parties to the?Defendant’s counter-claim in the Suit No: ID/1006/98 before the Lower Court.

2. An order of this Honourable Court granting leave to the Respondent/Cross Appellant to amend his pleading in the consolidated Suits from which the appeal therein emanated – to wit: the Statement of Defence and Counter-Claim in Suit No.: ID/1006/98 – Alhaji Rafiu Kurango v. Tunde George found on page 19 of the record of appeal, by properly setting out his case on the pleadings as underlined in the proposed Amended Statement of Defence and Counter- claim, attached herein.
3. An order of this Honourable Court

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granting leave to the Respondent/Cross Appellant to amend and file a Further Amended Respondent’s Brief of Argument as well as an Amended Cross Appellant’s Brief of Argument to?accommodate arguments properly based on the pleadings before the Honourable Court upon which parties had joined issues and given evidence before the Lower Court.

4. An order of this Honourable Court granting leave to the Cross/Appellant/Applicant to file and transmit same to this Honourble Court as additional record, the Amended Statement of Defence and Counter Claim filed by virtue of the Orders granted by the Honourable Court herein, and same to form part of and be used as additional records for the hearing of the appeal herein”.

The motion is supported with an affidavit. Annexed to the affidavit are 5 exhibits which include: -a copy of the judgment of the Lagos State High Court delivered by Hon. Justice O. A. Williams on 22nd of February, 2008, Statement of Defence and Counter-claim of the Respondent/Applicant dated 5th April, 2000 in Suit No.LD/1006/98, Amended Statement of Claim in suit no. LD/166/99 filed on 7th of November, 2007, Proposed Amended Statement of Defence

2and Counter-Claim, Plaintiff/Respondent Reply and Defence to Counter-Claim.

The Respondents in this application, who are the Appellants/Cross-Respondents in the substantive appeal opposed the application and filed a counter-affidavit on 19th August 2014 as well as a further and better counter-affidavit on 27th February, 2015. Attached to it was Exhibit A (Writ of Summons filed by the Applicant in suit no.LD/166/99).

By order of court, parties filed their written addresses. The Applicants’ written address was filed on 24th of March, 2015, while the Respondents’ written address was filed on the 22nd of April, 2015 and deemed properly filed on 29th of April, 2015. The Applicant’s reply was filed on 29th of April, 2015.

The Applicants in their written address formulated a sole issue for determination viz:

“Whether given that the conditions to make the Hon, Court herein grant the application for amendment herein sought is present in the extant application, there is any other reason why the Hon. Court will not grant the said prayer herein.”

The Respondents on their part also formulated a sole issue for determination viz:

“Whether the

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