LEGAL PRINCIPLE: CIVIL PROCEDURE — Amendment of Pleadings — Appellate Stage — When Amendment Will Not Be Granted on Appeal
PRINCIPLE STATEMENT
Amendment is allowed to prevent injustice, but not if it will cause injustice to the other party or violate the rule of audi alteram partem. The rule is infringed if an amendment is introduced at such a stage that the other side no longer has the opportunity to adduce its own answer.
RATIO DECIDENDI (SOURCE)
Per Nnaemeka-Agu, JSC, in Jessica Trading Co. Ltd v. Bendel Insurance Co. Ltd (2003) NLC-1361990(SC) at pp. 12–13; Paras D–A.
"Basically an amendment of a writ or party's pleading is allowed if such an amendment can prevent injustice. Conversely, any amendment which will result in injustice to the other party or which will violate the rule of audi alteram partem ought not be allowed. The rule will be infringed if an amendment is introduced at such a stage that the other side no longer has the opportunity of adducing its own answer to the point which the amendment has enabled the applicant to introduce."
EXPLANATION / SCOPE
Amendments that cause injustice or deny fair hearing are not allowed. Timely amendments are favoured. The principle applies to all civil proceedings. The court will consider prejudice to the opposing party. The rule protects the right to be heard. The party seeking amendment must show good cause. The principle is well-established.