M.T. Mamman V. A.A. Salaudeen (1998)

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ABDULLAHI, J.C.A

The applicant is the respondent in the substantive appeal. He filed this application on Notice seeking for the following orders:-

1. “AN ORDER for leave to amend the plaintiff’s (now Respondent’s/Applicant’s in this court) statement of claim contained in pages 3 to 7 of the Record of Appeal to this court by adding new paragraphs 3(a) and 5(a) as set out in the Schedule below and contained in Exhibit A attached hereto and re-numbering paragraph 3 and 5 of the statement of claim to read paragraphs 3 and 3(a), 5 and 5(a) respectively.

3(a) That the defendant published the words in paragraph 3 above to a typist in town and the auditors of Trade Bank Plc also saw it.

5(a) That the defendant told live (5) people who were in attendance in the above mentioned meeting among whom was the defendant’s brother, Alhaji Abdul’aziz Salaudeen that the plaintiff took bribe of over N600.000.00 (Six hundred thousand naira).

2. AN ORDER deeming the proposed amended statement of claim hereto annexed as Exhibit A as properly filed and served on payment of appropriate fees.

Grounds upon which Amendments are sought:

(a) To bring the plaintiff’s (now respondent’s/applicant’s) statement of claim in line with evidence already led at the trial and decision given by the court.

(b) To prevent occurrence of substantial injustice.

(c) To determine the real question(s) in controversy between the parties.

3. AN ORDER extending the time within which the respondent/applicant shall file his respondent’s brief.
4. AN ORDER deeming as properly filed and served the Respondent’s brief hereto annexed and marked Exhibit B on payment of appropriate fees.
5. AND FOR such further order or orders as this Honourable Court may deem fit to make in the circumstances.

FURTHER TAKE NOTICE that the respondent/applicant shall rely on the affidavit sworn to by Samuel Nelson at the hearing of this motion.”

DATED AT KADUNA THIS 14TH DAY OF APRIL, 1997.

The application is supported with an affidavit. A copy of the proposed amended statement of claim is attached and marked Exhibit ‘A’. There is also the respondent’s brief of argument attached and marked as Exhibit ‘B’.

The respondent in this application, who is the appellant in substantive appeal opposed the application and filed a counter-affidavit on 12/6/97 as well as a further and better counter affidavit on 13/10/97.

The case was fully fought before the Kaduna State High Court. Pleadings were filed and exchanged and the matter went into full trial. At the end of the trial, the High Court found in favour of the plaintiff, now respondent, but applicant in this application. An award in the sum of 750,000.00 was made to him as damages for libel and N2000.00 was awarded as costs.

The defendant at the High Court, appealed to this court against the decision of the High Court. The appellant is now respondent in this application.