LEGAL PRINCIPLE: CIVIL PROCEDURE — Amendment of Pleadings — Principle Guiding Grant of Amendment
PRINCIPLE STATEMENT
The correct principle for the guidance of a court in the exercise of its discretion is that an amendment of pleadings for the purpose of determining the real questions in controversy between the parties ought to be allowed unless such amendment will entail injustice or surprise or embarrassment to the other party, or the applicant is acting mala fide, or cause injury to the respondent which cannot be compensated by costs or otherwise.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Mobil Oil Nigeria Ltd v. Nabsons Ltd (1995) NLC-1161989(SC) at p. 9; Paras. A–C.
"The correct principle for the guidance of a court in the exercise of its discretion is that an amendment of pleadings for the purpose of determining the real questions in controversy between the parties ought to be allowed unless such amendment will entail injustice or surprise or embarrassment to the other party or the applicant is acting mala fide, or cause injury to the respondent which cannot be compensated by costs or otherwise."
EXPLANATION / SCOPE
Amendments should be allowed to determine the real questions in controversy. The court will refuse only if injustice, surprise, embarrassment, mala fides, or irreparable injury would result. The principle promotes substantial justice. Costs may compensate for prejudice. The rule applies to all civil proceedings. Amendments may be allowed at any stage. The court exercises discretion judicially. The party opposing amendment must show actual prejudice. The principle is well-established.