GARBA JCA (Delivering the Lead Ruling): The appellant had by a motion on notice filed on 9August 2011, sought the following relief from the court: An order granting leave to the appellants/applicants to adduce additional evidence on appeal by tendering the following as exhibits:
The last Will and Testament of Mrs. Eyimba EwaGeorge the mother of the 1st respondent and the agreement between the 1st appellants late father and the 2nd appellant, as documentary evidence in this appeal. And for such further orders as this honourable court may deem fit to make in the circumstances.
A three (3) paragraphs affidavit was deposed to in support of the motion by one J. J. J. Danjuma, Esq., of the chambers of the applicant’s counsel. Copies of 2 documents were annexed to the statement/affidavit and marked as exhibits ‘A’ and ‘B’.
In reaction to the motion, a 7-paragraph counter-affidavit deposed to by Mary E. Asuquo, a litigation clerk in the chambers of the respondent’s counsel, was filed to oppose…