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EDET
V.
IBOM

(2013) JELR 35751 (CA)

Court of Appeal 29 Apr 2013 Nigeria
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- The appellant filed an application seeking leave to adduce additional evidence on appeal. - The evidence sought to be tendered was a police report dated 9th June, 2009. - The appellant argued that the document was not available at the tim

Case Details

Suit Number:CA/C/66/2011
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYAWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Counsel:Mr. Gideon Onwok For Appellant Mr. U. E. Eba, Esq. For Respondent

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Ruling): The Appellant had by an application filed on the 23/5/12 sought the following reliefs from the court:-

"a) Leave of this Honourable Court for the Appellant/Applicant to adduce additional evidence on appeal by using police Report dated 9th June, 2009.

b) Leave of this honourable court for the Appellant/Applicant to use Police Report dated 9th June, 2009 attached herein as Exh. 'A' as part of the records of appeal in this case.

c) Leave of this honorable court for the Appellant/Applicant to argue issue one of the Appellants Brief of Argument based on Police Report dated 9th June, 2009.

AND for such further Order(s) as this honourable court may deem fit to make in the circumstance."

A five (5) paragraphs affidavit deposed to by Gloria Iwara; a litigation Assistant in the firm of the learned counsel for the Appellant to which a copy of the fresh evidence sought to be tendered was attached, was filed along with the application. …

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