THOMAS, J.C.A. (Delivering the Lead Ruling): This ruling is on the motion on notice dated and filed 23rd September, 2005 by the respondents/applicants. The motion was brought under Order 1 rule 20(1), (3), (4) and (5) of the Court of Appeal Rules.
The applicants are seeking two reliefs namely:-
1. To grant leave to the applicants to argue a point or an issue which was not brought for consideration in the lower Court, i.e. the applicability or otherwise of the High Court (Civil Procedure) Rules of Akwa Ibom State in the determination of territorial jurisdiction of the State High Court; and
2. Permitting the respondents/applicants to present to the Court of Appeal as further evidence in support of their case, i.e. A document from the Union Bank Plc - Calabar Branch dated 9-8-2005 written to the applicants in connection with the matter under consideration in the appeal.
The motion is supported by a 14 paragraph affidavit in support thereof. The respondents objected to the reliefs sought …