Appellant had sued respondent for the sum of N3.5 million as balance of the loan granted to respondent and an interest of 10% per annum from the 11th of October, 1983 until actual judgment.

13 years of the commencement of the suit, the appellant applied to amend its Writ of Summons and statement of claim to reflect the sum of about N49.5 million with an interest of 17%. The respondent opposed the application.