ONYEMENAM, J.C.A. (Delivering the Leading Ruling): By motion on notice filed on 8th June, 2015 and brought pursuant to Order 7 rules 1 and 2 of the Court of Appeal Rules and under the inherent jurisdiction of the court, the applicant prayed for:
“1. Leave and order of this honourable court for the respondent/cross appellant/applicant to raise new issues or points of law for the determination of this appeal to wit:
Whether the acceptance of the payment of ground rent does not amount to waiver of the right of the governor to revoke the respondent’s a. right of occupancy.
Whether the governor has the right to revoke the right of occupancy for failure to develop or effect improvement on the land without fixing b. a penal rent.
2. And for such further or other order(s) as this honourable court will deem fit to make in the circumstance.”
Mr. I.T. Balogun, learned counsel for the applicant in moving the motion said the application has four grounds and is supported by an application of 5 paragraph…