The Respondent herein as Plaintiff instituted an action in detinue in the Okene Judicial Division of the then Kwara State for the return of certain equipment listed therein which the Appellant was alleged to have wrongly detained at the Appellants site in the premises of the Federal Advanced Teachers College after the determination of a sub-contract entered into between the Respondent and Plaintiff in 1979, and determined in 1981. The Respondent in the Writ claimed N50, 000 as damages for the wrongful detention of the said equipment. He also filed a Statement of Claim which was subsequently amended. That Amended Statement of Claim was also the subject of an Application for a Further Amendment, the effect of which is the main subject of this Appeal.

At the trial and, based on the Further Amended Statement of claim the learned trial Judge granted all the claims of the Respondent as contained in the Further Amended Statement of Claim

Note that in the course of trial, the trial Judge was moved to the Idah division of the court from the Okene division. On the transfer of the Judge, the parties moved to the new venue and continued the proceedings. The only occasion when the appellant made a protest was when it filed an application to amend its statement of defence at the registry of the court at the original venue. Anyhow, it moved its application.