This is an interlocutory appeal by the 1st – 3rd defendants against the ruling of Obi, J., of High Court, sitting at Benin City, in Benin Judicial Division of the then Bendel State now Edo State of Nigeria, dated 3/4/90. The 1st – 3rd respondents, as plaintiffs, took out a writ of summons against the defendants dated the 27th day of October, 1988, claiming several reliefs. Pleadings were filed and exchanged. The trial Judge adjourned the suit to 8/5/89 for hearing. By an application on motion on notice supported by an affidavit dated the 22nd of May, 1989, filed the same date, the 3rd plaintiff Petrojessica Enterprises Limited, as applicant, applied to be joined in the suit No. B/433/88 as 3rd plaintiff. The motion was argued on the 26/9/89 and the trial Judge, granted the applicant's prayer with consequential orders as follows: "Application granted as prayed, Petrojessica Enterprises Limited is hereby joined as 3rd plaintiff in this suit. Plaintiff to file an amended writ of summons and amended statement of claim to reflect the new party joined. Defendants to file amended statement of defence within 14 days of the service on them of amended statement of claim."

The respondents filed the amended processes as ordered but included entirely new issues in the amended statement of claim.

Appellants challenged the amendment on the ground that it was done without the requisite leave of court and prayed for an order striking out the amended statement of claim.

Prior to the hearing of the motions respondents filed another motion praying for leave of court to further amend the statement of claim, and to deem the writ of summons and statement of claim so amended as properly filed and served.

Appellants then filed a preliminary objection to the motion, challenging the court's jurisdiction to entertain same. This objection was overruled.

The appellants appealed.