LEGAL PRINCIPLE: APPELLATE PRACTICE — Amendment of Pleadings — Power of Court of Appeal to Amend — When Exercisable
PRINCIPLE STATEMENT
Under Order 1 rule 20(1) of the Court of Appeal Rules, this Court can order an amendment of a Writ, a statement of claim or defence as the High Court would have done. Normally, such an amendment in the Court of Appeal would be to bring the pleadings in line with the evidence already led. It must appear to the Court that it is in the interest of justice to grant such an amendment even at that stage.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC Iweka v. S.C.O.A. (Nigeria) Limited (2000) NLC-2311992(SC) at pp. 10–11; Paras. E–A.
"Under Order 1 rule 20(1) of the Court of Appeal Rules, this Court can order an amendment of a Writ, a statement of claim or defence as the High Court would have done. Normally, such an amendment in the Court of Appeal would be to bring the pleadings in line with the evidence already led. It must appear to the Court that it is in the interest of justice to grant such an amendment even at that stage."
EXPLANATION / SCOPE
The Court of Appeal possesses statutory power to amend pleadings, similar to that of a High Court. This power is typically exercised to align pleadings with evidence already adduced at trial, reflecting the principle that an appeal is a continuation of the original suit. Amendments at this stage are permitted only where justice demands it. The court will consider whether the amendment clarifies existing issues rather than introducing new ones, and whether granting it serves the overarching objective of determining the real questions in controversy between the parties.