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IMALE & ORS.
V.
AGIRI & ORS.

(1997) JELR 45414 (CA)

Court of Appeal 1 Jul 1997 Nigeria
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- The defendants/appellants sought leave of the Court of Appeal to adduce as fresh evidence certain 1938 court proceedings and judgment (Exhibits B9-B11), to amend their statement of defence and the respondents’ statement of claim, to rely

Case Details

Suit Number:CA/I/139/92
Judges:ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Counsel:Chief. O. Esan For Appellant Chief N.B. Fabunmi For Respondent
Other Citations:Imale v. Agiri (1997) 9 NWLR (Pt.521)

ADAMU, J.C.A. (Delivering the Lead Ruling): By a motion on notice filed on 3/5/95 the applicants applied to this court for the following orders:-

"1. An order permitting the defendants/appellants to tender as further evidence the proceedings of 22nd September, 28th September, 29th September and 5th October, 1938 as part of Exhibit 'B' tendered by the respondents in the court below copy attached herewith marked Exhibit "B9-B11".

2. An order permitting the defendants/appellants to rely on Exhibit "B9-B11" in arguing their appeal.

3. An order compelling the plaintiffs/respondents to amend paragraphs 18 and 20 of their statement of claim in the court below to reflect the judgment in Exhibits "B9-B11" as per the "Schedule of Amendments" attached herewith marked "Exhibit C".

ALTERNATIVELY

3b. An order allowing the defendants/appellants to amend their statement of defence in the court below by adding paragraphs 30(A) and 30B to the statement of defence as per a "Schedule of Amendments" atta…

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