CHIEF PRINCE WOKORO & ORS. V. CHIEF MASSOMAOWEI BARABARA & ANOR.

BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Lead Ruling): The Appellants filed a motion on notice on 13th November, 2017 seeking for the following reliefs:

1. For leave to introduce fresh evidence in this case at this stage of the appeal on it to wit: a documentary evidence titled: certificate of Registration which is hereof attached and marked as Exhibit ‘OKA1’. 

2. For such further or other orders as this Honourable Court may deem necessary to make in the circumstances. 

The Grounds for the Application are: 

i. There is a document that is very material to the Respondents’ answer to the Appellants which said documents came to the knowledge and possession of the Respondents after the conclusion of trial of the case at lower Court. 

ii. This document is therefore a new evidence which was not presented before the trial Court during proceedings in the case due to its non availability as at the time but touches on a very important aspect of the Respondents’ case in this appeal. 

iii. That t…