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MR. BABATUNDE AJAYI (RECEIVER, STIRLING CIVIL ENG. (NIG.) LTD IN RECEIVERSHIP) v. E.M.A GENERAL ENTERPRISES (NIG) LTD

(2016) JELR 36739 (CA)

Court of Appeal  •  CA/K/278/2012(R)  •  31 Mar 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA AMINA AUDI WAMBAI JCA

Judgement

AMINA AUDI WAMBAI, J.C.A. (Delivering the Lead Ruling): This application by way of motion on notice dated and filed on the 13/3/2015 by the Respondent/Applicant prays for the following:-

1. "Leave of this Honourable Court to tender additional evidence in this appeal.

2. An order admitting the certified True copy of page 16 of the Guardian Newspaper publication dated February, 25th 2005 which is attached herewith as "Exhibit A1" as additional evidence in this Appeal.

3. And for such further order(s) as this Honourable Court may deem fit to make in the circumstance."

The brief facts of the case necessary for this application are that the Respondent as Plaintiff commenced an action at the Federal High Court Katsina, against Mr. Ade A. Babington Ashaye (Receiver, Stirling Civil Engineering Nigeria Limited in Receivership) under the undefended list procedure claiming the sum of Twenty Two Million, Four Hundred and Sixty-Six Thousand, Two Hundred Naira and Fifty Kobo (₦22,466,200.50K) being the…

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