BELLO AKANBI & ORS. V. MAMUDU ALAO & ANOR

CRAIG, J.S.C. (Delivering the Leading Judgment): This is an appeal from a Ruling of the Court of Appeal, Kaduna, given on the 16th September, 1986, and the two main issues which arise for determination are:

(a) Whether the lower Court had jurisdiction under the Nigerian Constitution to grant the respondents leave to adduce fresh evidence and if it did,

(b) Whether the power to grant such leave had been exercised judiciously.

When this appeal came up for hearing on the 6th of February, 1989, the Court, after hearing oral arguments from Counsel, allowed the appeal and indicated that it would give reasons fordoing so today 5th May, 1989. I now give my reasons for agreeing that the appeal should be allowed.

The facts leading to the ruling arose from a judgment of the Ilorin High Court where the plaintiffs (appellants herein) had sued the defendants in Suit No.KWS/52/79 for:

"1. N10,000.00 (Ten Thousand Naira) being special and general damages for trespass committed by the defendant on t…