Justice Akingbola George of the Lagos State High Court sitting in Tafawa Balewa Square has granted all reliefs sought by an engineer, Anthony Ugbebor, in a property dispute involving N152m.
Ugbebor, a first defendant in the suit, had filed a motion seeking leave to amend his statement of defence and counterclaim in Suit No: LD/4471LM/2023.
The suit was filed by property developer Olukayode Olusanya and his company, Oak Homes Limited, against Ugbebor and the Economic and Financial Crimes Commission, seeking various reliefs including a declaration of trespass.
By a motion dated March 31, 2025, supported by a 13-paragraph affidavit and a written address dated April 9, 2025, the first defendant, through his counsel, Mr. N. A. Salau, prayed the court for an order granting leave to amend his initial statement of defence and counterclaim, an order to call additional witnesses, an order deeming the amended processes as properly filed, and such further orders as the court may deem fit.
The proposed amended defence contended that the contractual relationship between the parties began with an offer letter dated November 6, 2017, which the defendant accepted.
The applicant’s counsel further alleged that the claimant breached the agreed project delivery date of February 28, 2019, well before the COVID-19 pandemic and that the delay has adversely affected Ugbebor.
Salau also indicated that the defence intends to call additional witnesses, and argued that the right to amend pleadings before the commencement of trial remains preserved.
In his submissions, Salau raised a sole issue for determination whether the court had the power to grant the defendant leave to amend his defence.
He relied on all averments contained in the affidavit and highlighted the relevance of introducing more information to support his client’s case.
Citing legal authorities, he noted that the court could grant such an application at any stage of proceedings.
Counsel further submitted that the proposed amendments neither prejudice the claimants nor overreach them, and that the essence of amendment is to ensure that justice is done.
In opposition, the claimants did not file a formal counter-affidavit but through their counsel, Mr. A. O. Erue, expressed the need for the claimants to file consequential amended processes following the court’s ruling, and objected to the immediate commencement of trial.
In the ruling delivered on Monday, the court held that it is trite law that amendment of pleadings may be granted at any stage of proceedings, particularly where such amendment is necessary to correct errors or introduce additional facts material to the just determination of the suit.
Justice George held: “A court will not refuse an amendment merely because it introduces a new fact. What is important is that the amendment is necessary for the just and proper determination of the issues before the court.”
The court further held that the applicant had complied with the provisions of the High Court of Lagos State (Civil Procedure) Rules, of order 30 rule 10,and accordingly granted the following orders:
An order granting leave to the first defendant/applicant to amend his statement of defence and counterclaim;
An order deeming the amended processes as properly filed and served; An order granting leave to call additional witnesses, namely Mr. Oluwaseyi Omodele and Mr. Sheu Hassan, amongst others.
Following the court’s ruling, Mr. Salau informed the court that the first defendant was attending proceedings virtually from the United States and that one of the proposed witnesses had travelled from Abuja for the hearing.
He consequently sought a cost of N500,000 against the claimants for the day’s adjournment.
In response, Mr. Erue opposed the application for cost, describing it as unmeritorious, and argued that the claimants were entitled to a reasonable opportunity to respond to the newly introduced facts in the defendant’s amended pleadings.
