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K.O. IMALE & ORS. V. M. AGIRI & ORS.

(1997) JELR 45414 (CA)

Court of Appeal  •  CA/I/139/92  •  1 Jul 1997  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; MURITALA AREMU OKUNOLA JCA; DALHATU ADAMU JCA;

Appearances
Chief. O. Esan For Appellant Chief N.B. Fabunmi For Respondent

Judgement
<p>ADAMU, J.C.A. (Delivering the Lead Ruling): By a motion on notice filed on 3/5/95 the applicants applied to this court for the following orders:-</p><p> &quot;1. An order permitting the defendants/appellants to tender as further evidence the proceedings of 22nd September, 28th September, 29th September and 5th October, 1938 as part of Exhibit &#x27;B&#x27; tendered by the respondents in the court below copy attached herewith marked Exhibit &quot;B9-B11&quot;.</p><p> 2. An order permitting the defendants/appellants to rely on Exhibit &quot;B9-B11&quot; in arguing their appeal.</p><p> 3. An order compelling the plaintiffs/respondents to amend paragraphs 18 and 20 of their statement of claim in the court below to reflect the judgment in Exhibits &quot;B9-B11&quot; as per the &quot;Schedule of Amendments&quot; attached herewith marked &quot;Exhibit C&quot;.</p><p> ALTERNATIVELY </p><p> 3b. An order allowing the defendants/appellants to amend their statement of defence in the court below by adding paragraphs 30(A) and 30B to the statement of defence as per a &quot;Schedule of Amendments&quot; attaโ€ฆ</p>

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