T.S.A. INDUSTRIES NIGERIA LIMITED V. KEMA INVESTMENTS NIGERIA LIMITED

ADAMU JAURO, JCA (DELIVERING THE LEADING JUDGMENT): On the 27th day of April, 2007, the applicant filed a motion dated 25th April, 2007 before this court praying for the following orders:-

"(1). AN order seeking leave of this honourable court to adduce fresh evidence in this matter.

(2). An order of this honourable court granting leave to the appellant to adduce additional evidence in this matter.

(3). An order of this honourable court to exercise powers vested on it under Section 15 of the Court of Appeal Act and receive additional evidence on this matter.

(4). An order admitting in evidence the documents attached to this application and applying same in resolving the issues raised by the appellant in this Appeal.

And for such order or further orders this honourable court may deem fit to make in the circumstances."

The grounds upon which the application is anchored as stated on the face of the motion papers are as follows:-

"(a). The defendant/respondent has consistently claimed that it had…