AMENDMENT OF PROCESS UNDER THE HIGH COURT OF IMO STATE (CIVIL PROCEDURE) RULES, 2017- CASE LAW BASED ANALYSIS

Abstract

It is hornbook law that parties to a case are bound rigidly by their processes as
filed and/or their pleadings. However, this rule is not cast in stone as human
beings are not infallible. Thus, Court processes may be amended in order to
accommodate human frailties, bring before the Court the real issues between
the parties and for determining the real questions in controversy. Deploying
the doctrinal research method, this paper examined the procedure for
amendment of Court process as enunciated under Order 24 of the Imo State
High Court (Civil Procedure) Rules, 2017. Plethora of relevant decided cases
on the subject matter were also examined. The paper found that the procedure
for amendment under the Imo State High Court (Civil Procedure) Rules, 2017
avails both parties and that the Court is rightly vested with the jurisdiction to
amend clerical mistakes in a judgment. Notwithstanding, that the amendment
procedure is elastic, it is however, fraught with a few ambiguities and lacunas.
To enhance clarity and reduce controversy in the amendment procedure, it was
recommended among other things that the Imo State High Court (Civil
Procedure) Rules should be amended to specifically outline when an
amendment may not be granted as obtainable under Order 26, Rule 1(2) of the
National Industrial Court of Nigeria (civil Procedure) Rules, 2017.