ALHAJA AYISATU O. GAMBARI V. ABDULMUMINI IBRAHIM (SUBSTITUTED FOR ALHAJI YINUSA IBRAHIM) ALHAJI MUFUTAU OLADAPO ALHAJI TIJANI OYEWO
(2010) JELR 53906 (CA)
Court of Appeal
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CA/IL/M.70/2008
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25 Mar 2010
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Nigeria
Coram
DALHATU ADAMU JCA (Presided) IGNATIUS IGWE AGUBE JCA CHIMA CENTUS NWEZE JCA (Read the Lead Ruling)
Appearances
D. A. Ariyoosu - for the Applicant.
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Tosin Alawode for R. A. Rabana-Lawal SAN - for the Respondents.
Judgement
<p><strong> NWEZE JCA (Delivering the Lead Ruling): </strong> On 13 December 2007, the Kwara State High Court, holden at Ilorin ( <em> coram. </em> Afolayan J) entered an order dismissing suit number KWS/96/2004 which the present applicant (as plaintiff) had instituted against the respondent herein (as defendant).</p><p>Dissatisfied with the outcome of her case at the High Court (hereinafter referred to as the lower court), the applicant appealed against the said judgement.</p><p>In the interim, on 24 April 2009, she beseeched this court with a motion on notice. In the motion brought under Order 4, rule 2; Order 6, rule 1; Order 7, rule 1 of the Court of Appeal Rules, 2007; section 15, Court of Appeal Act, 2004 and the inherent jurisdiction of this court, the applicant entreated this court with the following supplication: An order of the honourable court granting the appellant/ applicant leave to adduce additional and/or fresh evidence by A tendering and giving evidence on a copyof thedocument hereto attached as exhibit A. Theβ¦</p>