By Jimoh Williams

A Lagos State High Court sitting in Igbosere, Thursday, adjourned till June 7 for ruling on an application for an amendment of the originating summons by Lagos lawyer and an elder statesman, Dr. Tunji Braithwaite, over the erection of a 14-storey building and five-level car park being constructed close to his residence in Victoria Island by Standard Chartered Bank.

At the resumed hearing in the matter, Braithwaite argued that his application for amendment of his originating processes was justified and meritorious in law.

He contended that the respondent’s conduct in rushing the construction of the building to 9th floor was not only manifestly wrong, but also makes it necessary for him to amend his originating summons.

He argued that the validity of the development permit allegedly issued by the Lagos State Government had also been challenged.

“In all civil litigation, it is the duty of the court to aim at, and to do substantial justice and allow formal amendments as are necessary for the ultimate achievement of justice and the end of litigation,” he argued.

Counsel to the bank argued that the application deserved to be dismissed.

Counsel argued: “The application to amend may be made to a judge. Such application shall be supported by an exhibit of the proposed amendment and may be allowed upon such terms as to costs or otherwise as may be just.”