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MR. TOM IMAJI ABALAKA V. NIGERIAN AIRSPACE MANAGEMENT AGENCY & ANOR

(2010) JELR 43866 (CA)

Court of Appeal  •  CA/A/216/2006  •  17 Mar 2010  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; UWANI MUSA ABBA AJI JCA; JIMI OLUKAYODE BADA JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Lead Ruling): This is an application dated the 25th day of March 2008 and filed on the same date in which the Appellant/Applicant prayed for the following orders:-

"(1) An Order granting leave to the Appellant/Applicant to give additional evidence on appeal by tendering the Nigerian Airspace Management Agency, Staff Conditions of Service dated 7th September 2001, copy annexed hereto as Exhibit "TA9".

(2) An Order receiving the Conditions of Service, Exhibit "TA9" hereto as additional evidence.

(3) Leave to amend the Applicant's Brief of Argument accordingly."

Grounds upon which the Application is brought.

(1) The conditions of service binds both parties.

(2) The Appellant erroneously failed to tender the Conditions of Service before the lower Court.

(3) The Appellant Counsel intended to tender it from the bar since both parties relied on it but simply forgot to do so.

(4) Both parties referred copiously to its provisions in their various fin…

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