Court Refuses Honeywell’s Application Seeking to Amend Claim

Justice Yelim Bogoro of the Lagos Division of the Federal High Court on Monday declined an application seeking to amend the pleas and claims by Anchorage Leisure Ltd and its sister companies against Ecobank Nigeria Ltd.

The upheld the argument 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 and respondents, and Ecobank, as defendant and counterclaimant.

Anchorage is owned by or linked to businessman Oba Otudeko (also sued as a defendant in the counterclaim filed by Ecobank).

At the resumption of proceedings, Benjamin Nwosu appeared for the plaintiffs and the first to third defendants in the counterclaim, while Ogunba appeared for the defendant and counterclaimant.

Elijah Akefe appeared for the fourth defendant in the counterclaim, C.I. Umeche for the fifth defendant, and O. Akinduro represented the sixth defendant.

The plaintiffs 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, the judge held that it was overreaching as it was filed to change the plaintiffs’ case.

The court observed that the plaintiffs had deleted the admission contained in the processes through the proposed amendment and that the application was filed to override 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.

The judge adjourned the case until April 17.