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CHUKWUMAOBI NWAKWURUIBE v. DAVID EKPO

(2017) JELR 38221 (CA)

Court of Appeal  •  CA/OW/326/2012(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 filed on 27th August, 2014, the Appellant prayed the Court as follows: -

1. An order receiving as part of the documentary evidence in this appeal, a document the purchase receipt title AGREEMENT and dated 12/3/59 and admitted as Exhibit A by another judge which was relied upon by the Learned Trial Judge in his judgment, the subject matter of this appeal, though the said document was not technically tendered before him.

2. Granting leave to the Appellant/Applicant to cause to be transmitted to the Court of Appeal, an ADDITIONAL RECORD OF APPEAL comprising the records of the proceedings of the lower Court, though differently constituted, in which the said 1959 document was admitted as Exhibit A, and Power of Attorney admitted as Exhibit C in this suit No: HU/92/2002.

3. Consequent upon the grant of Prayers One and Two above, an order renumbering the documentary exhibits in this appeal in the following order, and …

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