Judgment
JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgement): The Applicant herein is the Appellant in Appeal No. CA/YL/84/2020 who has approached this Court with a Motion on Notice dated 10th February, 2022, and filed on 11th February, 2022, brought pursuant to Order 6 Rules 1 of the Court of Appeal Rules 2021; and under the inherent jurisdiction of this Court, seeking the following: 1. An Order of this Hon.
Court granting the Applicant leave to raise fresh issues not raised at the lower Appellate High Court of Justice, No.1, Yola, Adamawa State in Appeal No: ADSY/102A/2017 between Abubakar v. Nuru Lawal, judgment delivered on the 10th day of July, 2018. 2. An Order of this Hon. Court granting the Applicant leave to amend the Notice and Grounds of appeal dated and filed the 7th day of April, 2020 to properly embody Grounds 3 & 6 thereof, being fresh issues not raised at the lower Appellate Court, the said Notice and Grounds of Appeal is hereto attached and marked as Exhibit ‘’A’’. 3.
An Order of this Hon. Court deeming the proposed amended Notice and Grounds of Appeal bearing the amendments and filed herein as a separate process as properly filed and served, necessary fees having been paid. The proposed amended Notice and Grounds of Appeal is hereto attached and marked as Exhibit “B”. 4. An Order of this Hon. Court deeming the Appellant’s Brief of Argument dated the 26th day of February and filed on the 2nd day of March, 2021 wherein the fresh issues not raised at the trial lower Appellate Court were argued, as properly filed and served. 5.
And for such further order(s) as this Hon. Court may deem fit to make in the circumstances. The grounds upon which the application was brought was stated thus: a. That the Appellant/Applicant had filed the Notice and Grounds of Appeal dated the 7th day of April, 2020, having sought and obtained the leave of this Hon. Court to Appeal out of time on the 31st day of March, 2020. b. That Grounds 3 and 6 of the Notice and Grounds of Appeal dated and filed on the 7th day of April, 2020 borders on fresh issues not raised at the trial lower Appellate Court. c. That the leave of this Hon.
Court ought to have been sought before including Grounds 3 and 6 as parts of the Notice and Ground of Appeal dated the 7th day of April, 2020. d. That the aforesaid fresh issues will better place the grievances of the Appellant before this Hon. Court and will ensure the just determination of this Appeal. e. That having not sought the leave of this Hon. Court before incorporating the grounds of appeal bordering on fresh issues, application herein becomes necessary. f. That it is in the interest of justice that this Hon.
