NASIR V. IBRAHIM

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants sued the respondent's predecessor in title, one Ibrahim Abubakar (now deceased) in the Grade 1 Area Court, Zaria City seeking for a declaration of title in respect of farmlands. The respondent raised a plea of res judicata which was investigated by that court with both parties represented by counsel. The plea of res judicata was sustained in favour of the respondent. The appellants appealed to the Upper Area Court, Zaria and the appeal was dismissed. The appellants then appealed to the High Court of Justice sitting in Zaria and while the appeal was pending in that court, the respondent brought an application dated the 27th January, 1993 seeking the following reliefs:-

"1. Deeming the annexed bundle of documents annexed herewith asExhibit X as forming a part of the record of proceedings of this appeal.

Alternatively

1.Leave to introduce Exhibit X as additional evidence, necessary for the just and proper determination of the a…