LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Amendment of Pleadings – When Amendment Will Be Refused on Appeal
PRINCIPLE STATEMENT
The Court of Appeal declined to grant the amendment sought because it would enable the plaintiffs to set up an entirely new case than they canvassed at the trial court. Put briefly, the application herein seeks to enable the applicant to make a fundamental round about whereby, he would, with the stamp of authority of the court, re-write the issue joined by the parties at the trial and as set out in their pleadings.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Kode v. Yussuf (2001) NLC-2391993(SC) at p. 32; Paras B–D.
"The Court of Appeal declined to grant the amendment sought because it would enable the plaintiffs to set up an entirely new case than they canvassed at the trial court. Put briefly, the application herein seeks to enable the applicant to make a fundamental round about whereby, he would, with the stamp of authority of the court, re-write the issue joined by the parties at the trial and as set out in their pleadings."
EXPLANATION / SCOPE
Amendment on appeal will be refused if it seeks to set up an entirely new case different from that canvassed at trial. The appellate court will not permit a party to make a “fundamental roundabout” and re-write the issues joined at trial. The case must be decided on the pleadings as they stood at trial. Amendment is not a tool to escape an adverse judgment. The principle prevents parties from changing their case after losing. A genuine amendment correcting errors or adding minor details may be allowed, but not one that fundamentally alters the nature of the claim or defence. The court examines whether the opposing party would be prejudiced. Fairness to the trial court and opposing party is paramount.
