Judgment
CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgement) : The application filed on 30/12/21 by the 1st, 2nd and 5th Respondents/Applicants was brought pursuit to Order 4 Rules 1 & 2, Order 6 Rule 1 of the Court of Appeal Rules 2021, Section 6 (6) of the Constitution of the Federal Republic of Nigeria 1999, (as amended) hereafter (referred to as the Constitution) sought the following reliefs from the Court: A. “AN ORDER FOR LEAVE of this Honourable Court to adduce further/additional documentary evidence on appeal in respect of Suit No. ADYS/111/2018. B.
AN ORDER admitting Certified True Copy of DHL Receipt and Cover Note issued to Hon. Commissioner Adamawa State Ministry of Land & Survey, Copy of Photograph pictures of pasted Notice of Revocation at revoke plot/land, Certificate of Authentication of Electronic generated evidence, Memorandum of Appearance dated 7th June, 2010 and Statement of Defence dated 22nd July, 2010 filed by Appellant in Suit NO. ADSY/24/2010 and non-suit judgment as fresh evidence on appeal as exhibit E1-2, F1-3, G1-4 and H1-9 accordingly. C.
AN ORDER deeming the said Certified True Copy of DHL Receipt and Cover Note issued to Hon. Commissioner Adamawa State Ministry of Land & Survey, Copy of Photograph pictures of pasted Notice of Revocation at revoked plot/land, Certificate of Authentication of Electronic generated evidence, Memorandum of Appearance dated 7th June, 2010 and Statement of Defence dated 22nd July, 2010 filed by Appellant in Suit NO.
ADSY/24/2010 and non-suit judgment which are annexed hereto and marked as A–F the clean copies of which have been transmitted/filed before this Court as properly tendered and admitted as additional/fresh evidence on appeal. D. AN ORDER for LEAVE of this Honourable Court to argue fresh issue on appeal based on the fresh/additional evidence adduced. E. AND FOR SUCH OTHER OR FURTHER ORDERS this Court may deem fit to make in the circumstances.” The grounds upon which the application was brought are as follows: a.
“That the issue or question as to whether there was service of Notice of Revocation was never in issue at the trial or during the trial but only surfaced at the Appellant’s Final Written Address hence the need to apply and obtain CTC of service proof. b. That there was nowhere stated in the Appellant’s pleadings either in the Statement of Claim or Reply to the Respondent’s Statement of Defence at the trial that Notice of Revocation was not served on the Appellant. c.
