T. O. ELIAS, C.J.N. (Delivering the Ruling of the Court): In this appeal, the appellant is appealing against the judgment of Hague J., in the High Court Maiduguri, in Suit No. NEM/2/70, in which the claim of the appellant, therein plaintiff, for the refund of 709pounds:10:10d from the defendant/respondent was dismissed by the learned trial judge mainly on the ground that the hire-purchase agreement, the basis of the claim, had merely been pleaded but not produced at the trial and that clause 4 of the guarantee agreement of 26th April, 1965 does not provide for the Federal Government to make any further claim once the car was repossessed and sold.
Mr. Osinupebi, learned counsel for the appellant, sought leave of the court to file additional evidence. Learned counsel referred to the case of Mathew Udo Oton v. R. 12 W. A. C. A. 212 in support of his application to file additional evidence, although he conceded that this is a criminal case, and not a civil one. He submitted that there ar…