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RULING
The instant application is for Leave to Amend the Writ of Summons and Statement of Claim pursuant to Order 16 rule 5 of C.I. 47.
I have read through the motion paper, affidavit in support and attached Exhibit. I have also read through the Affidavit in Opposition as well as the attached Exhibits.
Careful consideration has also been given to the oral submissions made by both Counsels in moving and in opposing the instant application.
Out of the reliefs 1st Plaintiff Applicant (hereinafter called Applicant) claimed against Defendant Respondent (hereinafter called Respondent) as indicated in the Writ of Summons and Statement of Claim, the Summary Judgment delivered by the High Court was in respect of reliefs (i) and (ii).
Applicant originally claimed against Respondent as per reliefs (i) and (ii) the following:
i. Recovery of the sum of Twenty Million, Two Hundred and Twenty-Six Thousand, Seven Hundred and Seventeen United States Dollars, Seventy-Five Cents (US$20,226,717.75) being Defendant’s cumulative indebtedness to Plaintiff as at 12th November, 2015.
ii. Interest on the aforesaid amount at the rate of 19% being the rate of interest paid by 1st Plaintiff to 2nd Plaintiff on its unpaid facility from 13th November, 2015 up till the date of final payment.
The Summary Judgment granted in Applicant’s favour against Respondent by the High Court was for the recovery of the amount of Eleven Million, One Hundred and Four Thousand, One Hundred and Forty-Three United States Dollars, Twenty-Nine Cents (US$11,104,143.29) with interest from 1st October 2013.
Respondent’s appeal against this decision at the Court of Appeal was allowed and the High Court’s Judgment was set aside.
Applicant appealed against the decision of the Court of Appeal at the Supreme Court. The Supreme Court on 7th December, 2022 in a unanimous decision (annexed to the affidavit in support of this application as Exhibit ‘A’) allowed the appeal against the Court of Appeal’s decision and entered Summary Judgment in Applicant’s favour to recover from Respondent the sum of Eleven Million, One Hundred and Four Thousand, One Hundred and Forty-Three United States Dollars, Twenty-Nine Cents (US$11,104,143.29), with interest on the said amount at 19 percent annum plus the additional interest pursuant to the default clause in Exhibit C the bank facility from 13th November, 2015 to date of final payment.
At page 34 of Exhibit ‘A’, Amadu JSC stated that although the Trial Judge did not give reasons f