THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Lead Ruling): The Appellant lodged an appeal against the decision of the Kaduna State High Court delivered on the 4th February 2004 in Suit No.KDH/KAD/597/2002 striking out the said suit for being an abuse of process of the court. The court on 4/2/04 stated thus:
"I therefore hereby uphold the objection of learned Counsel to the defendant in urging this Court to strike out this suit and to declare same as an abuse of Court processes. The matter is hereby struck out. As there is nothing before this Court to show that the matter at Port-Harcourt High Court has been withdrawn or any order set aside."
This appeal is still pending while the Appellant filed this application asking for leave to adduce additional evidence which he stated was discovered after the decision of the lower Court. The Applicant prayed for the following:
1. Leave of this honourable Court to adduce additional/further and new evidence to wit by admitting the ruling o…