Justice Yelim Bogoro of the Federal High Court sitting in Lagos yesterday refused an application seeking to amend the pleadings and claims by Anchorage Leisure Ltd and its sister companies against Ecobank Nigeria Ltd.
The court upheld the arguments of Ecobank’s counsel Kunle Ogunba (SAN) in the suit marked FHC/L/CS/352/2023.
The parties in the suit are Anchorage, Siloam Global Limited and Honeywell Flour Mills Plc as Plaintiffs/Respondents, while Ecobank is the Defendant/Counterclaimant.
Anchorage is owned by or linked to businessman Oba Otudeko (who is also sued in the matter as a defendant to the counter-claim filed by Ecobank).
At the resumption of proceedings, Benjamin Nwosu appeared for the Plaintiffs and the 1st to 3rd Defendants to Counterclaim, while Ogunba appeared for the Defendant/Counterclaimant.
Elijah Akefe appeared for the 4th Defendant to the counterclaim, C. I. Umeche for the 5th Defendant to the counterclaim, while O. Akinduro represented the 6th Defendant to the counterclaim.
The Plaintiffs/Applicants’ had filed an application dated October 23, 2023, seeking to amend their Writ of Summons and all other originating processes in the suit.
But, refusing the application, Justice Bogoro held that it was overreaching as it was filed to change the Plaintiffs’ case.
The court observed that the Plaintiffs had through the proposed amendment deleted the admission contained in the processes and that the application was filed to overreach Ecobank’s application for summary judgment, noting that Ecobank’s application for summary judgment was filed due to the Plaintiffs’ admission.
The court consequently struck out the application for lacking merit.
Following arguments by the parties on the priority of pending applications to be heard, the court ruled that it would hear all pending applications (ripe for hearing) on the next adjourned date, including Ecobank’s application for summary judgment.
Justice Bogoro adjourned till April 17, 2024.
