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T.S.A. INDUSTRIES NIGERIA LIMITED
V.
KEMA INVESTMENTS NIGERIA LIMITED

(2008) JELR 42851 (CA)

Court of Appeal 17 Jul 2008 Nigeria
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- The applicant sought leave of the Court of Appeal to adduce fresh evidence—specifically, a writ of summons and a written address from proceedings in 2006—aiming to establish that the respondent continued to operate at an address allegedly

Case Details

Suit Number:CA/L/62M/2006
Judges:M. B. DONGBAN-MENSEM JP Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria
Counsel:Chief Ladi Rotimi Williams SAN with G.I.J. Ahigbe Esq For Appellant H. B. Abina Esq., For Respondent

ADAMU JAURO, JCA (DELIVERING THE LEADING JUDGMENT): On the 27th day of April, 2007, the applicant filed a motion dated 25th April, 2007 before this court praying for the following orders:-

"(1). AN order seeking leave of this honourable court to adduce fresh evidence in this matter.

(2). An order of this honourable court granting leave to the appellant to adduce additional evidence in this matter.

(3). An order of this honourable court to exercise powers vested on it under Section 15 of the Court of Appeal Act and receive additional evidence on this matter.

(4). An order admitting in evidence the documents attached to this application and applying same in resolving the issues raised by the appellant in this Appeal.

And for such order or further orders this honourable court may deem fit to make in the circumstances."

The grounds upon which the application is anchored as stated on the face of the motion papers are as follows:-

"(a). The defendant/respondent has consistently claimed that it had…

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