Order 26 — Amendment
Rule 1 When amendment may be allowed.
(1) An amendment may be allowed where its purpose is to determine the real question or issue between parties and would:
(a) secure substantial justice; or
(b) settle the controversy between parties and related issues.
(2) An amendment may be refused where it would:
(a) present a completely different case, or cause injustice to the other party or where the application for amendment is brought mala fide;
(b) necessitate the hearing of further evidence especially on appeal;
(c) not cure the defects in the procedure sought to be cured or where it is inconsistent and useless;
(d) amount to over-reaching the other party or an abuse of court process.
Rule 2 Limit to amendment of process before trial.
A party may at any time but not more than twice with leave of Court alter, amend or modify the party’s Originating and/or other processes.
Provided that the party may not completely change the cause of action endorsed on the process.
Rule 3 Court may allow amendment of defect or error in any proceedings.
The Court may at any time, and on such terms as to cost or otherwise as the Court or Judge may think just, allow a party to amend any defect or error in any process, and all necessary amendments shall be made for the purpose of determining the real questions or issues in controversy raised by or arising from the proceedings.
Rule 4 Application for amendment to be supported by affidavit.
An application for leave to amend may be made to the Court at the trial and such application shall be supported by an affidavit with the proposed amendment marked and attached as an exhibit and may be allowed upon such terms as to cost or otherwise as may be just.
Rule 5 Documents to accompany amended originating process.
Where any Originating Process and/or a pleading is to be amended, a list of any additional witness(es) proposed or intended to be called together with such witness’s written statement on oath (and or a further written statement on oath of an existing witness) as well as a copy of any additional document to be relied upon, shall be filed with the application.
Rule 6 Time limit for amendment and penalty for default.
If a party who has obtained an Order to amend a process does not amend same within the time allowed for that purpose by the Order, or if no time limit is fixed, and the party fails or neglects or is unwilling to amend as ordered within fourteen (14) days of the date of the Order, such party shall pay a penalty of ₦200.00 (Two Hundred Naira) for each day of default for the first fourteen days (14) in default, and thereafter the penalty shall be ₦300.00 per day.
Rule 7 Filing of amended process and forward advance copy.
Whenever any Originating Process or Pleading is amended, a copy of the process or pleading as amended shall be filed in the Registry of the Court and advance copies of same shall be forwarded to all the parties to the action.
Rule 8 Marking of amended process.
Whenever any Indorsement or Pleading is amended, it shall be marked in the following manner:
“Amended ………. day of ………. pursuant to Order of (Name of the Judge) dated the ………. day of ……….”
Rule 9 Judge may amend defect or error in proceedings.
A Judge may at any time amend any defect or error in any proceedings.
Rule 10 Correction of mistakes in Judgment or in process.
A Judge may at any time correct any grammatical or typographical mistakes in the Judge’s Judgments, Rulings or Orders or any accidental slip or omissions contained therein.
Rule 11 Party may apply for correction of error or mistake.
Any of the parties may apply to the Court for the correction of any mistakes or errors or any accidental slip or omission in a Judgment, Ruling, Order or any process made or issued by the Court.