ABALAKA
V.
NIGERIAN AIRSPACE MANAGEMENT AGENCY & ANOR

(2010) JELR 43866 (CA)    

Court of Appeal  ·  CA/A/216/2006 ·  17 Mar 2010 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
application
applicant
appeal
additional evidence
conditions of service
lower court
nwlr part
trial court
learned counsel
further evidence
grounds of appeal
court of appeal rules
courts
following cases
fresh evidence
nigerian airspace management agency
said conditions of service
staff conditions of service
counter affidavit
credible effect
discretion of the court
oral examination
pertinent paragraphs
provisions of the conditions of service
appellant counsel
appellants counsel
appellate jurisdiction
central business district
chambers of the honourable attorney general of the federation
conditions of service binds
detailed reasons
final analysis
following orders
g. f. zi esq counsel
i.b.w.a. ltd
isaac okpanachi of counsel
jimi olukayode bada
lead ruling
paragraphs c
public institution
rabiu danlami muhammad
reason
reasonable grounds
sins of counsel
special ground
uwani musa abba aji
various final addresses

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Lead Ruling): This is an application dated the 25th day of March 2008 and filed on the same date in which the Appellant/Applicant prayed for the following orders:-

"(1) An Order granting leave to the Appellant/Applicant to give additional evidence on appeal by tendering the Nigerian Airspace Management Agency, Staff Conditions of Service dated 7th September 2001, copy annexed hereto as Exhibit "TA9".

(2) An Order receiving the Conditions of Service, Exhibit "TA9" hereto as additional evidence.

(3) Leave to amend the Applicant's Brief of Argument accordingly."

Grounds upon which the Application is brought.

(1) The conditions of service binds both parties.

(2) The Appellant erroneously failed to tender the Conditions of Service before the lower Court.

(3) The Appellant Counsel intended to tender it from the bar since both parties relied on it but simply forgot to do so.

(4) Both parties referred copiously to its provisions in their various fin…

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