OGUNTADE, J.C.A. (Delivering the Leading Ruling): This application came before us on 22-4-99. There were five prayers sought on the application. The only contentions of the prayer 4. The respondent's counsel indicated that he was not opposing prayers (I), (ii), and (v). The applicant's counsel withdrew prayer (iii). Under prayer 4 which was opposed, the applicant sought:
"An order granting leave to the applicant to raise and argue as fresh points issues contained in the grounds of appeal which were not raised or canvassed in the court below."
In support of the motion, the applicant through a senior litigation clerk in the law office of Mike Igbokwe and Co., counsel to the applicant, deposed to an affidavit. Paragraphs 11, 12, 13, 14 and 15 of the affidavit appear germane and read thus:
"11. That the applicant's petition dated 20/2/97 sent to the Force C.I.D., Alagbon Close, Ikoyi Lagos and its withdrawal dated 17/7/97 (which are attached hereto and respectively marked as Exhibits "CALI a…