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October 8, 2019 12:26 pm
"Now, this is what my learned brother, Agim, JCA stated in the said case at pages 16 and 18 of the Report:
Motion on Notice can be amended like any other process of Court. I do not agree with the Learned Counsel for the respondent that it can only be amended by substitution. It can be amended by insertions and alterations therein or by substituting it with a fresh motion. In practice, where a party files a fresh process or motion to substitute an earlier one, he applies to withdraw the earlier one. Where a fresh motion is filed to be heard in place of a pending motion, the applicant is at liberty to withdraw the earlier motion and upon such withdrawal, it would be struck out, so that the fresh motion can be heard".
PER U.A.OGAKWU, J.C.A IN LANRE OKUNLOLA & ANOR V OLATUNJI ABIOLA SHOYINKA & ANOR
CA/L/EPT/REP/856/2019
LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/L/EPT/REP/856/2019
CA/L/EPT/REP/856/2019
LEGALPEDIA ELECTRONIC CITATION:LER[2019]CA/L/EPT/REP/856/2019
