ALHAJI JIMAH MUSA (FOR AND ON BEHALF OF AFOISIVBIREKPE KINDRED OF USOGUN QUARTERS, AUCHI) V. YESUFU ALIU KADIRI (FOR HIMSELF AND ON BEHALF OF AFOGHOGHO FAMILY OF USOGUN QUARTERS, AUCHI)

NGWUTA JCA (Delivering the Lead Ruling): In suit No. HAU/33/ 90, the applicant as plaintiff claimed against the respondent as defendant the sum of N50,000.00 as general damages for trespass to a piece of land situate at Auchi and an injunction to restrain the defendant, his servants or agents and privies from committing further trespass on the said land. The writ of summons was issued in the High Court, Auchi Judicial Division. After the necessary preliminaries, the matter went to trial and on 21/3/2002, the court below delivered its judgment in which it dismissed the applicant’s claim. On the 4th day of April, 2002, the applicant filed his notice and grounds of appeal against the said judgment.

On 20th January, 2004, the applicant brought a motion, pursuant to Order 1, rule 19(2) of the Court of Appeal Rules, 2002 asking for the following reliefs:

“1. For leave to adduce additional evidence on appeal by tendering survey plan No. MWC/1021/77 prepared by M. N. Chukwura, licensed survey…