(2012) JELR 49339 (CA)    

Court of Appeal  ·  CA/C/160/2008(R2) ·  5 Dec 2012 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
further evidence
point of law
pleading of fraud
circumstances of this case
court of appeal rules
different plan
fresh issue
learned counsel
lower court
new point
plan of the land
sole purpose
trial court
uzo i. ndukwe-anyanwu
cause of the loss
civil suit
ex parte watson
following orders
following reasons
former plan
inherent jurisdiction of the court
issue of fraudulent substitution
joseph tine tur
land area
much mischief
occupation of the said property
order of this court
paragraphs affidavit
pc ltd
peterside v. i. m. b.
plan no.2326
reasonable care
reasonable doubt
reasonable inference
ruling of my lord
said plan
said substitution
see lawrence v
sum of n500,000
terms of the above rules
view fraud carries

UZO I. NDUKWE-ANYANWU, J.C.A.: (Delivering the leading Judgment): This is a motion on notice filed on 12th April, 2012 brought pursuant to Order 7 rule 10(1) and (2), Order 4 rule 2 Court of Appeal Rules, 2011 and under the inherent jurisdiction of the Court. The Appellants/Applicants are praying for the following orders;

"(1) An order for leave to extend time, within which Applicants may file Appellants' Brief struck out on 14th December, 2011.

(2) An order for leave to file Appellants' Brief herein marked Exhibit "A" and to deem same as duly filed and served on payment of prescribed fees.

(3) An order for leave to adduce Further evidence (documentary) showing Plan No.IN 2323 and Plan No.2326 obtained from the Achieves after judgment in the Court below and which fraudulently substituted the former plan for the latter herein exhibited and marked "B" and "C" respectively.

(4) An order for leave to argue a point of law namely, the said substitution by the respondent which was not taken …

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