On 13 January, 1994, the Taraba State High Court entered judgment in favour of the respondent against the appellant. Appellant then appealed to the Court of Appeal. He then changed counsel who wanted to amend the notice and grounds of appeal.

He then filed an application at the Court of Appeal, praying the court for an order granting leave to it to amend its notice and grounds of appeal and to deem the amended notice and grounds of appeal already filed as properly filed and served.

Respondent did not file a counter-affidavit but chose to challenge the application on question of law alone.