ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The appellant in this appeal was a plaintiff before the trial Upper Area Court Ilorin, claiming a piece of land. At the end of the trial after hearing evidence from both parties, the Upper Area Court dismissed the appellant's claim.
The appellant was not happy with the judgment of the Upper Area Court and he appealed to the High Court of Kwara State. The appellant initially filed eight grounds of appeal before the High Court.
All necessary steps and processes for the hearing of the appeal were completed and the appeal was fixed for hearing when the appellant sought leave of the High Court by way of motion on notice to file and argue an additional ground of appeal as ground number nine.
The motion was moved. It was opposed by the present respondent. In opposing the motion, the respondent filed two counter affidavits in answer to two affidavits filed in support of the motion.
At the end of the day, the motion was granted by the High C…