LEGAL PRINCIPLE: CIVIL PROCEDURE — Amendment of Pleadings — Amendment Not Allowed Where It Would Overreach or Cause Injustice
PRINCIPLE STATEMENT
Amendment to pleadings ought to be allowed at any stage to determine real issues, unless it will result in injustice, surprise, embarrassment, mala fides, or injury that cannot be compensated by costs. The court must exercise discretion judicially and judiciously to do justice and fair play.
RATIO DECIDENDI (SOURCE)
Per Onnoghen, JSC, in Mamman v. Salaudeen (2005) NLC-1112001(SC) at p. 8; Paras A–B.
"Generally speaking the law is that amendment to pleadings for the purpose of determining the real issues in controversy between the parties ought to be allowed at any stage of the proceedings, including on appeal, unless such amendment will result in injustice or surprise or embarrassment, to the other party or the applicant is acting mala fide or by his blunder the applicant has done some injury to the respondent which cannot be compensated by way of costs or otherwise. In short, a consideration of an application for leave to amend pleadings involves the exercise of discretion by the court and it is the law that in exercising that discretion, the court must not only act judicially but also judiciously. The discretion is therefore to be exercised so as to do what justice and fair play may require having regards to the facts and circumstances of the particular case."
EXPLANATION / SCOPE
Amendments should be allowed to determine real issues unless causing injustice, surprise, embarrassment, mala fides, or uncompensated injury. Discretion must be exercised judicially and judiciously. The principle applies to civil procedure.