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ROYORK NIGERIA LIMITED v. ATTORNEY GENERAL AND COMMISSIONER FOR JUSTICE, SOKOTO STATE & ANOR

(2017) JELR 37996 (CA)

Court of Appeal  •  CA/S/93/2016  •  8 Jun 2017  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, JCA (Delivering the Leading Judgment): This is an interlocutory Appeal against the ruling of the Sokoto State High Court presided over by BELLO ABASS, J in Suit No. SS/102/2014 delivered on the 14th of July, 2016, in which the Court admitted Exhibits K, L, M and N, which the Appellant as Plaintiff had taken an objection to on the ground that the admitted exhibits were not pleaded by the 1st Respondent in her Statement of Defense. Consequent upon the ruling of the lower Court overruling Appellants objection and admitting the un-pleaded Documents as Exhibits K, L, M and N, the Appellant being dissatisfied with the Courts ruling, has appealed to this Court vide his Notice of Appeal filed on the 15-7-2016 and which contains a Ground of Appeal to wit (Shorn of its particulars):

GROUND OF APPEAL:

The lower Court erred in law when it admitted in evidence documents neither pleaded by the Plaintiff not the defendants.

ISSUE FOR DETERMINATION:

Only one issue was distilled f…

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