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RESURRECTION POWER INVESTMENT COMPANY LIMITED V. UNION BANK OF NIGERIA PLC

(2013) JELR 34105 (CA)

Court of Appeal  •  CA/E/193/2011  •  28 May 2013  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; ISAIAH OLUFEMI AKEJU JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
Chief Charles Uwensuyi - Edo Sonwan, SAN with Chief G.C. Amuzie and Edwin Anikwem Esq For Appellant Chief Ajibola Anbisala, SAN with Abang Mkpaudiok For Respondent

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Lead Ruling): On the 30th June, 2011 the Federal High court sitting at Enugu, per D.V. Agishi J. rendered judgment in suit No. FHC/EN/CP.1/2010 ordering that the appellant herein be wound up. Dissatisfied with this judgment, the appellant commenced this appeal No. CA/E/193/2011 by filing a notice of appeal dated 4-7-2011 and filed on 8th August 2011. Both sides have filed and exchanged briefs of argument. The appeal thereby became ripe for hearing. Before it could be argued and briefs adopted, the appellant on the 27th March 2012 filed a motion on notice dated 23rd March 2012 praying for "AN ORDER of this Honourable court granting to the Applicant/Appellant leave to adduce fresh evidence on appeal, to wit processes, counter-affidavit, Statement of Defence, Witness Statement on Oath and other processes/Documents filed and used by the respondent ostensibly on behalf of the appellant in suit No: LD/1313/08, SHANGAI TRISUM INTERNATIONAL COMPAN…

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