By Vivian Okejeme Abuja
Justice Akingbola George of the Lagos State High Court has adjourned ruling for May 26, 2025 in an application seeking leave to amend the statement of defence and counterclaim in Suit No: LD/4471LM/2023.
The court fixed the date following an oral arguments from counsel representing the parties Mr. A.N. Salau for the defendant, Anthony Ugbebor, a United States based Engineer and Mr. D.A. Ajiboye for the claimant, Oak Homes Multinational Services Ltd.
During the court proceedings, Salau informed the court that the defence filed a motion dated March 31, 2025, seeking to amend its initial statement of defence and counterclaim, along with other related court processes.
The application, he noted, contained five prayers supported by a written address and an affidavit.
Among the reliefs sought is an order granting leave to amend the defence and deeming the separately filed amended processes as properly before the court.
Salau argued that the amendment became necessary to include critical facts omitted in the earlier filing, particularly those countering the claimant’s assertion that the properties in dispute had been sold.
According to the affidavit in support, the claimant is allegedly attempting to sell the first defendant’s properties without authorisation, despite the ongoing litigation.
The proposed amended defence contends that the contractual relationship between the parties began with an offer letter dated November 6, 2017, which the defendant accepted.
It further alleges that the claimant breached the agreed project delivery date of February 28, 2019—well before the COVID-19 pandemicand that the delay has adversely affected the defendant.
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.
“The claimant had the opportunity to amend and respond to our counterclaim.
“Their cited authority even supports our right to amend. We urge the court to disregard their counter affidavit and grant our application,” he submitted.
In response, the claimant’s counsel, Ajiboye, said he filed their counter affidavit on April 17, 2025, and relied on a seven-paragraph counter affidavit opposing the application. He argued that the motion was brought in bad faith and intended to overreach.
“The facts the applicant seeks to introduce only arose between January and December 2024. They are coming late, and it is in the interest of justice that this court strike out the application,” he said.
After hearing both sides, Justice George adjourned the matter to May 26, 2025, for ruling on the application and commencement of trial.
End
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