RHODES-VIVOUR JSC: (Delivering the Lead Ruling): The

appellant/applicant’s notice of motion filed on 11 July 2014 A seeks the following orders: An order of this court granting the appellant/applicant leave to raise and argue fresh issue of law for the first time before the Supreme Court against the decision of the Court of Appeal, Jos delivered on 17 December 2012. An order of this court deeming the appellant’s brief which contains argument on the fresh issue of law as duly filed and served, separate copies having been filed and paid for.

Sylvanus Eze, the appellant/applicant deposed to a 15- paragraph affidavit in support of the motion. Annexed to it are documents marked exhibits 1, 2 and 3.

Emmanuel Jawander, the Principal Registrar (Land matters) with the respondent deposed to an 11-paragraph counter-affidavit. At the hearing of the notice on motion on 13 February 2017, learned counsel for the appellant/applicant, E. O. Okoro Esq., adopted his written submissions and reply on points o…