LEGAL PRINCIPLE: CIVIL PROCEDURE — Amendment of Pleadings — Retrospective Effect — Amendment Dates Back to Original Filing
PRINCIPLE STATEMENT
Any amendment of pleadings made or ordered at any stage of the proceedings before judgment, or even made on appeal, dates back to the date when the pleadings were originally filed. Once pleadings are amended, what stood before amendment is no longer material and no longer defines the issues to be tried.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Jatau v. Ahmed & Ors (2003) NLC-1491998(SC) at p. 8; Paras A–C.
"It is now well settled and trite law that any amendment of the pleadings in a case, made or ordered at any stage of the proceedings before judgment, or even made in an appeal, dates back to the date when the pleadings were originally filed. This means that 'once pleadings are amended, what stood before amendment is no longer material before the court and no longer defines the issues to be tried'."
EXPLANATION / SCOPE
Amended pleadings relate back to original filing. The principle applies to all civil proceedings. The original pleadings are superseded. The rule promotes flexibility. The court must consider the amended pleadings. The opposing party may respond. The principle is well-established.