ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of Katsina State High Court No. 8 Katsina, delivered on 28/11/2011 by Ibrahim Bature Ahmed J.
The brief facts of the case are that the Appellant who was the plaintiff before the Court below took out a writ of summons against the Respondent who was the defendant at the Court below seeking the relief contained in the statement of claim. After pleadings were filed and exchanged, the Court below set down the suit for hearing.
The Appellant (as plaintiff) called all his witnesses and closed his case. The Respondent (as Defendant) equally opened his case and also called witnesses. The case was adjourned to enable both parties file and adopt their written final addresses.
It was at this stage that the Appellant (as plaintiff) then filed a motion on notice seeking for leave of the Court below to allow him re-open his case which he had earlier closed voluntarily. The Appellant sought to call additional witn…