HUSSEIN MUKHTAR, J.C.A (Delivering the Leading Judgment): The appellant/applicant has by motion on notice filed on 13th December, 2007 sought for an order granting it leave to raise and argue fresh issues, which were not raised at the court below, and to deem such fresh issues raised and argued in the appellant's brief and reply brief as properly raised and argued.
The application is based on the following grounds:
I."The evidence led in the proceedings before the arbitrator and the court below support the fresh issues and/or points that the appellant seeks to raise and argue, and the appellant will, therefore, not adduced fresh evidence;
II. The appellant only intends to expand or extend the issues and/or points it raised or argued at the arbitral proceedings and court below;
III. The appellant does not intend to raise or argue any case inconsistent with and/or contradictory to the case it argued or canvassed in the arbitral proceedings and court below; and has not done so in its app…