The Registered Trustees Of International Society For Krishna Consciousness V. Ketson Komplex International Limited & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal was filed on April 5, 2013 against the ruling of the Edo State High Court, Benin Judicial Division, delivered on March 8, 2013 in Suit No. B/188/2004. By the said ruling, the Appellant’s application seeking leave to amend the statement of defence to counter claim against the plaintiff was dismissed by the lower court.

On March 24, 2004, the Respondent instituted the said suit in the court below vide a Writ of Summons. By the Statement of Claim thereof, the Respondent sought against the Appellant the following reliefs:

a. A declaration that the Plaintiff is the lawful and rightful owner of all that building known and situate at No. 96A and 96B Uselu/Lagos Road, Benin City virtue of an Agreement Of Transfer dated 03/04/96 and registered as No. 28 at page 28 in Volume 847 of the Lands Registry in the office at Benin City.

b. An order directing the Defendant to vacate and deliver possession to the Plaintiff of all that building and premises known and situate at No. 96A and 96B Uselu/Lagos Road, Benin City. The statutory notice to quit having

expired.

c. One million naira as damages for trespass committed by the defendant by holding over the said building. Upon expiration of the statutory notice of quit.

d. An order of perpetual injunction restraining the defendant, its agents, servants and/or privies trespassing on the building known and situate at No. 96A and 96B Uselu/Lagos Road, property of the Plaintiff.

On October 9, 2012, the Appellant filed in the court below a motion on notice seeking the following reliefs:

(a) Leave to further further amend the 1st Defendant/Applicant’?s Statement of defence and counter-claim in the manner formulated and underlined in black in the further further amended statement of defence and counter-claim attached to the affidavit in support of motion as Exhibit “A?”

(b) An order deeming the said further further amended statement of defence and counter-claim as duly filed and served the appropriate filing fees having been paid.

(c) An order allowing the necessary endorsement in line with Order 24 Rule 6 of the Edo State High Court Rules to be made in open court.

GROUNDS UPON WHICH THE APPLICATION IS MADE

The