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GALADIMA, JCA (Delivering the Lead Ruling): The applicant who was the plaintiff before the lower court in suit No. LD/3847/93 has brought this application, praying as follows: “(a) An order of the Honourable Court granting leave to the respondent/applicant to adduce additional/further and new evidence in proof of service of the hearing notice dated 2/5/96on the defendant/applicant’s counsel Barrister Deji Adagunodo on 2/5/96 at 30, Carter Street, Ebute-Metta, Lagos.
An order of the Honourable Court incorporating the said additional/further and new evidence into the record of the court so that it forms part of the earlier of old (sic) old record of the Honourable Court. And any further order or other orders as the Honourable Court may deem fit to make in the circumstances of the matter.”
The grounds relied upon for bringing this application read as follows:
“(a) To bring in new and vital evidence which was not available until 23/10/2000 since 5/3/98 when the motion to set aside judgment…