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…