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MR. GODWIN EZIUKWU NWAIGWE & ANOR V. I. I. AMAECHI ESQ. & ORS

(2017) JELR 38220 (CA)

Court of Appeal  •  CA/OW/177/2014(R)  •  7 Mar 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): In this application the Appellant is praying the Court for

An order granting leave to adduce further or additional evidence which was not before the two lower Courts to wit: certificate of marriage between the parents of the Appellants and the 4th Respondent.

The motion was supported by a 7 paragraph affidavit which bears reproduction.

1. That I am the 1st Appellant/Applicant in this Appeal.

2. That the trial judge delivered a ruling on the 24th day of June, 2013 wherein he dismissed our prerogative application.

3. That my counsel promptly filed an appeal against the said Ruling on 23rd day of July, 2013 raising issues of jurisdiction.

4. That I filed the appellants brief in this Court on 20th day of November, 2015 and served the same on all respondents.

5. After filing the brief, counsel to the appellant discovered that there is the need to tender the certificate of marriage of the parents of the appellants and the 4th respondent.

6. …

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