Judgment
UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgement): This ruling is in respect of the 5th Respondent/Applicant’s application for leave to adduce further or additional evidence on appeal. By the application filed on 11th February 2021, the 5th Respondent/Applicant prayed for the following orders: “1. AN ORDER of this Honourable Court granting leave to the 5th Respondent/Applicant to adduce further or additional evidence before this Honourable Court, to wit: a. Certified true copy of the certificate of incorporation LAM-ANKO NIG LTD. RC NO: 386761 b.
The receipt of payment to the Corporate Affairs Commission, for the certified true copy of the certificate of incorporation of LAM-ANKO NIG LTD. RC NO: 386761 2.
AN ORDER of this Honourable Court granting leave to the Applicant to compile and transmit additional records, to include the Certified True Copy of the Certificate of Incorporation of LAM-ANKO NIG LTD, RC NO: 386761, in the list of exhibits.” The application is predicated on the following grounds: “a) At the trial Court, the Appellant alleged that the 5 th Respondent/Applicant is not duly registered with the Corporate Affairs Commission and lacks the capacity to be a party to the suit. b) The 5th Respondent/Applicant could not obtain and tender the certified true copy of its certificate of incorporation during trial, due to circumstances beyond its immediate control. c) The trial Court found merit in the allegation of the Appellant and struck out the name of the Applicant and all processes filed in its defence and Counter Claim. d) Having had its name struck out from the suit at the trial Court, the 5th Respondent/Applicant resolved to initiate fresh proceedings before the High Court of the Federal Capital Territory, seeking the same reliefs as prayed in its Counter Claim. e) While the 5th Respondent/Applicant was taking steps to initiate the said fresh proceedings, it was served the Appellant’s NOTICE OF APPEAL filed on the 15th of June 2020 showing same as 5th Respondent to the instant appeal. f) Making the 5th Respondent/Applicant a party to this appeal, has frustrated its plans to file a fresh suit at the High Court of the Federal Capital Territory to seek the same reliefs as prayed in its Counter Claim. g) The 5th Respondent/Appellant does not wish to abuse the process of this Honourable Court by being a party in this appeal and filing a fresh suit at the High Court of the Federal Capital Territory. h) That the Applicant has obtained a Certified True Copy of its Certificate of Registration from the Corporate Affairs Commission, the only agency by law empowered to register companies in Nigeria. i) Being a party in this appeal, the 5th Respondent/Appellant wishes to show before this Honourable Court that it is duly a Juristic person capable of participating in this appeal.” The application is supported by an affidavit of seven (7) paragraphs, with paragraph 4 thereof having fourteen (14) sub-paragraphs and a Further Affidavit of six paragraphs which was deposed to on 18th November 2021.
