(2000) JELR 44135 (CA)    

Court of Appeal  ·  CA/L/149/98 ·  23 Mar 2000 ·  Nigeria
Other Citations
Imoto v. H.F.P. Eng. (Nig.) Ltd. (2001) 1 NWLR (Pt. 693)58
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
further evidence
further affidavit
13th july
high court
learned trial judge
special grounds
23rd march
37-paragraph affidavit
laws of the federation
said letter of termination of my appointment
statement of claim
termination of my appointment
anambra state
case of an appeal
consideration of this application
copy of the said letter of termination
court of appeal act
court of appeal rules
date of the trial
documentary evidence
exceptional circumstances
exercise of the discretion of court
following terms
hearing of the appeal
inherent jurisdiction of the court
lead ruling
missing link
month of december
mr. omamadagu
oral examination
order of the court granting leave
part mr. makinde
questions of fact
said application
said averment
satisfaction of an appellate court
sequential order
special circumstances
such further evidence
support of the application
trial of the case

ADEREMI, J.C.A. (Delivering the Lead Ruling): By the application dated 23rd March 1999, the appellant/applicant prayed for the following:

(1) an order of the court granting leave for the appellant/applicant to adduce further evidence by tendering as exhibit the respondent's letter Ref No PF/1927/70098 of 13th July, 1995 terminating the appellant's appointment which was pleaded in paragraph 11 of the statement of claim dated 27th November, 1995 and admitted by the respondent in paragraph 7 of the statement of defence dated 13th March, 1996 but which could not be tendered in evidence during the trial at the High Court due to exceptional circumstances:

(2) An order accelerating the hearing of the appeal in the interest of justice.

(3) An order setting down the appeal for hearing.

The application which is supported by a 37-paragraph affidavit and 6 - paragraph further affidavit, is brought pursuant to Order 1 Rule 20(3) of the Court of Appeal Rules 1981 as amended and section 16 of the C…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login