GALINJE JCA (Delivering the Lead Ruling): The appellant/applicant herein brought this application by way of motion on notice dated 8 September 2008 and filed on 10 September 2008 praying for the following relief: “An order for leave of this honourable court to adduce fresh evidence concerning the 2nd defendant who never gave evidence at the lower court and that the counter-affidavit sworn by the 2nd defendant should form part of the proceedings pending before the court. And for any order or orders as the honourable court may deem fit to make in the circumstance.”
The motion is supported by a six paragraphs affidavit deposed to by one Martins Adeyemi, a process clerk in the firm of Dele Awoniyi and Co. solicitors to the appellant/applicant. Annexed to the affidavit is a copy of the counter-affidavit which is sought to be admitted as fresh evidence. The counter-affidavit is deposed to by one Tajudeen Alade Adeyanju, the 2nd respondent in this application and was filed on 16August 2007.
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