LEGAL PRINCIPLE: CIVIL PROCEDURE — Amendment of Pleadings — Consistency with Evidence — Required
PRINCIPLE STATEMENT
An amendment will not be granted if it is inconsistent with the testimonies of witnesses on which both parties fought the case. Such an amendment would be useless.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) NLC-1361990(SC) at p. 10; Paras B–C.
"The proposed amendment if granted will be useless because they will be inconsistent with those testimonies of witnesses on which both the plaintiff/applicant and the respondent fought the case."
EXPLANATION / SCOPE
Amendments must be consistent with evidence already adduced. The principle applies to all civil proceedings. The court will not allow contradictory amendments. The rule promotes consistency. The party cannot change the case after evidence. The principle is well-established.