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Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Between
1 FOLARIN ROTIMI ABIOLA WILLIAMS
2. TOKUNBO ENIOLA WILLIAMS, SAN Appellants
AND
1.ADOLD/STAMM INTERNATIONAL(NIG)LTD
2 CHIEF ROTIMI WILLIAMS CHAMBERS Respondents
…………………….A…………………….
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.(Delivering the Lead Ruling): This is a motion on notice dated 7/11/2013 but filed on 8/11/2013 pursuant to Section 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 22 and 29 (b) of the Supreme Court Act, Cap S15, Laws of the Federation of Nigeria, 2004, Order 2 Rule 12 (1) and (2) of the Supreme Court Rules (as amended in 1999) and under the inherent jurisdiction of this Honourable Court. It is filed on behalf of the 1st respondent/applicant and seeks the following reliefs:
1. AN ORDER of this Honourable Court granting LEAVE to the 1st respondent/applicant to produce and tender documentary evidence as fresh evidence for the fair and just determination of this appeal
2. AN ORDER of this Honourable Court admitting in evidence the bundle of documents captioned “ADDITIONAL EVIDENCE” as further and/or fresh evidence in this appeal, and also to allow the said further and/or fresh evidence form part of the Record of Appeal for the hearing and determination of this appeal
3. AN ORDER of this Honourable Court deeming the aforesaid further and/or fresh evidence as evidence properly before this Honourable Court for the fair and just determination of this appeal.
The grounds for the application as stated on the face of the motion paper can be summarised as follows: That the documentary evidence sought to be introduced was not available to the applicant during the proceedings at the lower Courts; that the documents are material and relevant and go to the root of the issue before this Court and that their admission would assist this Court in arriving at a just and fair resolution of the appeal.
The application is supported by an affidavit of 6 paragraphs deposed to by one AZEEZ BIODUN, a litigation officer in Chief Ladi Williams’ chambers, counsel to the 1st respondent. Attached to the affidavit are two exhibits marked AB/15 and AB/16 respectively. Exhibit AB/15 is a certified true copy of a document titled Notice to Rescind Family Agreement dated and signed on 13th July, 2009, while Exhibit 48/16 is a certified true copy of an affidavit deposed to on 22nd November 2011 by one Mr. Agboola Isaiah Olusegun, Head, Probate Division, High Court of Lagos State forwarding the purported Will of late Chief Rotimi Williams, SAN, CFR to the Probate Division of the High Court. Exhibits AB/15 and AB/16 are the documents sought to be introduced as fresh evidence in this appeal.
Also filed in support of the application are the following processes:
(a) 1st respondent/applicant’s written address in support of the motion filed on 13/11/2015.
(b) Further affidavit of 25 paragraphs deposed to on 24/4/2015 by Chief Oladipupo Akanni Olumuyiwa Willlams, SAN, one of the directors of the 1st respondent/applicant with exhibits attached thereto and marked A1 to A7a respectively.
(c) Two additional affidavits filed on 5/10/2015 also described as “further affidavits” deposed to by AEEZ ABIODUN:
(i) The first, henceforth referred to as the 2nd further affidavit, consists of 6 paragraphs. Attached thereto are Exhibits AB/1 – AB/14, which were inadvertently omitted from the affidavit in support of the application.
(ii) The second, henceforth referred to as the 3rd further affidavit, contains 5 Paragraphs.
The appellants/respondents, in opposition to the application relied on their counter affidavit filed on 6/2/2015 consisting of 7 paragraphs, deposed to by OLUWAFEMI ADEMOLA, a legal practitioner in the firm of KOLA AWODEIN & CO., solicitors to the appellants/respondents. Attached to the Counter affidavit are exhibits marked KA1, KA2 and KA3 respectively. Also filed in opposition is a 9-paragraph further counter affidavit deposed to on 30/4/2015. Additional exhibits are annexed thereto and marked Exhibits KA4 and KA5 respectively.
The appellants/respondents also filed a written address in opposition to the 1st respondent/applicant’s address in support of the application. It was deemed filed by an order of this Court at the hearing of the application on 18/10/2016.
On the said 18/10/2016, CHRIS ENEJE ESQ of counsel leading DANIELLA IKOKWU (Miss) for the 1st respondent/applicant adopted all the processes filed on behalf of the applicant and urged the Court to grant the application.
CHIMA OKEREKE ESQ leading FRANCES MONAGO (Miss) for the appellants/respondents (henceforth referred to as respondents adopted and relied on all the processes filed in opposition and urged the Court to dismiss the application with substantial costs.
As no processes were filed on behalf of the 2nd respondent, MOHAMMED
2. AN ORDER of this Honourable Court admitting in evidence the bundle of documents captioned “ADDITIONAL EVIDENCE” as further and/or fresh evidence in this appeal, and also to allow the said further and/or fresh evidence form part of the Record of Appeal for the hearing and determination of this appeal
3. AN ORDER of this Honourable Court deeming the aforesaid further and/or fresh evidence as evidence properly before this Honourable Court for the fair and just determination of this appeal.
The grounds for the application as stated on the face of the motion paper can be summarised as follows: That the documentary evidence sought to be introduced was not available to the applicant during the proceedings at the lower Courts; that the documents are material and relevant and go to the root of the issue before this Court and that their admission would assist this Court in arriving at a just and fair resolution of the appeal.
The application is supported by an affidavit of 6 paragraphs deposed to by one AZEEZ BIODUN, a litigation officer in Chief Ladi Williams’ chambers, counsel to the 1st respondent. Attached to the affidavit are two exhibits marked AB/15 and AB/16 respectively. Exhibit AB/15 is a certified true copy of a document titled Notice to Rescind Family Agreement dated and signed on 13th July, 2009, while Exhibit 48/16 is a certified true copy of an affidavit deposed to on 22nd November 2011 by one Mr. Agboola Isaiah Olusegun, Head, Probate Division, High Court of Lagos State forwarding the purported Will of late Chief Rotimi Williams, SAN, CFR to the Probate Division of the High Court. Exhibits AB/15 and AB/16 are the documents sought to be introduced as fresh evidence in this appeal.
Also filed in support of the application are the following processes:
(a) 1st respondent/applicant’s written address in support of the motion filed on 13/11/2015.
(b) Further affidavit of 25 paragraphs deposed to on 24/4/2015 by Chief Oladipupo Akanni Olumuyiwa Willlams, SAN, one of the directors of the 1st respondent/applicant with exhibits attached thereto and marked A1 to A7a respectively.
(c) Two additional affidavits filed on 5/10/2015 also described as “further affidavits” deposed to by AEEZ ABIODUN:
(i) The first, henceforth referred to as the 2nd further affidavit, consists of 6 paragraphs. Attached thereto are Exhibits AB/1 – AB/14, which were inadvertently omitted from the affidavit in support of the application.
(ii) The second, henceforth referred to as the 3rd further affidavit, contains 5 Paragraphs.
The appellants/respondents, in opposition to the application relied on their counter affidavit filed on 6/2/2015 consisting of 7 paragraphs, deposed to by OLUWAFEMI ADEMOLA, a legal practitioner in the firm of KOLA AWODEIN & CO., solicitors to the appellants/respondents. Attached to the Counter affidavit are exhibits marked KA1, KA2 and KA3 respectively. Also filed in opposition is a 9-paragraph further counter affidavit deposed to on 30/4/2015. Additional exhibits are annexed thereto and marked Exhibits KA4 and KA5 respectively.
The appellants/respondents also filed a written address in opposition to the 1st respondent/applicant’s address in support of the application. It was deemed filed by an order of this Court at the hearing of the application on 18/10/2016.
On the said 18/10/2016, CHRIS ENEJE ESQ of counsel leading DANIELLA IKOKWU (Miss) for the 1st respondent/applicant adopted all the processes filed on behalf of the applicant and urged the Court to grant the application.
CHIMA OKEREKE ESQ leading FRANCES MONAGO (Miss) for the appellants/respondents (henceforth referred to as respondents adopted and relied on all the processes filed in opposition and urged the Court to dismiss the application with substantial costs.
As no processes were filed on behalf of the 2nd respondent, MOHAMMED
…………………….B…………………….
Continue reading WILLIAMS & ANOR v. ADOLD/STAMM INTERNATIONAL NIGERIA LIMITED & ANOR
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