UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Ruling): By an application filed on 11th October, 2022, the Appellants/Applicants pray the Court for the following orders:
“1. AN ORDER granting leave to the Appellants/Applicants to raise and argue a fresh issue which was not canvassed at the trial Court, to wit;
i. Estoppel per rem judicata with respect to the claims of the Respondents in Suit No: FCT/HC/BW/CV/144/2020 already decided in Suit No: FCT/HC/1952/016 (Hon. Minister, Federal Capital Territory and Ors v. Kohath Property Dev. Ltd and Ors) on 19th May, 2020 coram Kutigi;
ii. Privity of contract.
2. AN ORDER granting leave to the Appellants/Applicants to adduce fresh evidence which was not presented at the trial Court to wit;
a. the judgment of the High Court of the Federal Capital Territory in Suit No: FCT/HC/1952/016 (Hon. Minister, Federal Capital Territory and Ors v. Kohath Property Dev. Ltd and Ors) on 19th May, 2020 coram Kutigi, J;
b. The statement of defence and …