(2011) JELR 46109 (CA)    

Court of Appeal  ·  CA/A/309/2010 ·  8 Feb 2011 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
cross appellant
1st respondent
delta state house of assembly
lower court
pay slip
further evidence
lead ruling
cross appeal
exhibits kem1
mr. azubike
15th day of november
admission of additional evidence
basis of facts
complete agreement
conclusion of trial
consideration of the cross appeal
court of appeal rules
court process
cross appeal lie
federal high court
following facts
fresh evidence
further argument
hon. justice paul adamu galinje
instant case
jimi olukayode bada
necessary conditions
new claims
oral examination
paragraphs affidavit
paragraphs counter affidavit
paragraphs of the supporting affidavit
second issue
special circumstances
starting point
such bare assertion
such claim
such document incompetent
such relevant evidence
support of such assertion
true copy of the cross-appellants
true copy of the originating summons
underlisted documents

HON. JUSTICE PAUL ADAMU GALINJE, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated 15th day of November, 2010 and filed on the 22nd November, 2010, the Applicant herein who is the Cross-Respondent/Appellant sought for an order admitting the underlisted documents in evidence for consideration of the cross appeal-

(a) Certified True Copy of the originating summons in FHC/ASB/CS/02/2009; ASIBELUA V. IMEGWU and 5 ORS;

(b) Certified True Copy of the Cross-Appellants pay slip for October, 2008 in the Delta State House of Assembly.

The grounds upon which the application is predicated, as set out in the motion paper are as follows:-

"1. The second issue raised in the cross appeal was not presented before neither was it considered by the lower court,

2. The documents subject to this application are relevant for a fair consideration of the justiciability or otherwise of the new claims made for the first time on appeal on the basis of facts and materials also sought to be raised f…

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