(2006) JELR 45777 (CA)    

Court of Appeal  ·  CA/J/230/98 ·  23 Mar 2006 ·  Nigeria
Other Citations
F.B.N. Plc. v. Jibo (2006) 9 NWLR (Pt.985) pg.255
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
additional evidence
equitable mortgage
further evidence
new evidence
supreme court
date of the trial
statement of claim
trial court
court of appeal
exhibit 35a.
existence of this document
oral examination
civil matters
court of appeal rules
following facts
high court
important effect
lower court
oral submission
special referee
true copy of the equitable mortgage
whole case
8-paragraph affidavit
amended appellant
court grant
deed of mortgage
entire case
equitable mortgage exhibit 35a
following cases
following reliefs
former counsel of the appellant
further affidavit
general powers of the court
grant of this application
gross negligence
guiding principle
guiding principles
important document
law office of s. a. ngavan
lead ruling
learned chief justice of nigeria
omission of others
said appellant
said brief
technical justice
time of the trial of this suit

AKAAHS, J.C.A. (Delivering the Lead Ruling): This is an application brought by the appellant seeking the following reliefs:

"1. An order granting leave to the appellant/applicant to give additional evidence on appeal by, tendering the equitable mortgage dated 19/10/82 and registered as No. 247 at page 247 in Vol. II Miscellaneous of the Lands Registry in the office at Makurdi, copy annexed hereto as exhibit 35A.

2. An order receiving the equitable mortgage exhibit 35A hereto as additional evidence.

3. Leave to amend the appellant's brief of argument."

The application is supported with an 8-paragraph affidavit to which was annexed the certified true copy of the equitable mortgage attached as exhibit "35A". A further affidavit of 9 paragraphs still attaching the certified true copy of the equitable mortgage was deposed to by Bridget Ajah and a 2nd further and better affidavit also containing 9 paragraphs to which was attached a copy of the receipt of payment for the amended appellant'…

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