OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Ruling of the Kaduna State High Court, Zaria, sitting in its appellate jurisdiction, delivered on the 5th day of March, 2002, by Hon. Justices G.I Kurada and E.Y Inwua. Dissatisfied with the decision of the Court refusing to extend its order within which additional evidence should be taken by the Upper Area Court 1, the Appellant filed a Notice of Appeal to this Court, dated 8/3/02.
In compliance with the rules of this Court, Counsel to the parties filed and exchanged Briefs of Arguments.
The Appellant's Brief of Arguments, dated 29/4/02 was settled by A.Y Musa Esq., in which were formulated two issues for the Court's determination, namely:
1. Whether the Learned Justices of the High Court judiciously and judicially refused the application for extension of time argued before them.
2. Whether the fault of the Appellant's former counsel and the absence of his vital witness could be visit…