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…

An appellate court will not ordinarily interfere with trial court findings except where the trial court has not made proper use of the opportunity of seeing…

The Court of Appeal having granted the respondent's prayer for leave to appeal without any objection was perfectly entitled to grant the deeming order deeming the…

The Court of Appeal has the discretion in granting or refusing an application for leave to appeal as an interested party, and any such discretion exercised…

This court does not substitute its own discretion for that of the court below in applications like this, unless the court below did not act in…

By Order 3 Rule 4(2) of the Court of Appeal Rules, the two conditions for grant of extension of time for leave to appeal are: good…

By Section 31 of the Court of Appeal Act, an 'appellant' is defined to mean any person who desires to appeal or appeals from a decision…

Apart from the exception stated supra in relation to admission of facts for judgment in default of pleadings, there is the specific principle of law that…

A claim for damages is always deemed to be in issue. Any allegation that a party has suffered damages and as to the amount is deemed…

The rule of audi alteram partem means no more than offering each party opportunity to be heard. If after affording a party opportunity to be heard…

Having come to the conclusion that the decision of the trial court in issue is a final one as opposed to an interlocutory decision, it follows…

A judgment in default of pleadings that has completely put an end to the action between the appellant and the respondent qualifies as a final judgment…