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JOHN NWAGHODO & ORS v. STELLA NWAGHODO

(2017) JELR 37928 (CA)

Court of Appeal  •  CA/B/418/2010(R)  •  5 Jul 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; PHILOMENA MBUA EKPE JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Lead Ruling): This is an application dated 18/10/2016 and filed on 19/10/2016 in which the Appellants/Applicants prayed for the following orders:-

(1) An Order granting leave to Appellants/Applicants to adduce further evidence of non-compliance with Section 36(3) of the 1999 Constitution of the Federal Republic of Nigeria and Order 35 Rule 1 of the Delta State High Court (Civil Procedure) Rules 2009 by the trial Judge in delivering her judgment on 12/8/2010 in suit No HCI/M/15/2006 in her chambers rather than in open Court.

(2) An Order granting leave to the Appellants/Applicants erstwhile counsel Mr. E.E. Ogwezzy Esq. through the 1st Appellant to adduce further/Fresh evidence he deposed to before the Commissioner of Oaths of this Honourable Court dated 11/11/2013 attached herewith as Exhibit B.

(3) An Order granting leave to the Appellants to use as further evidence in this appeal the affidavits of the Appellants erstwhile Counsel E.E. Ogwezzy…

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