May 12, 2025
Legalpedia Citation: (2013) Legalpedia (CA) 41146 In the Court of Appeal Thu Jul 18, 2013 Suit Number: CA/L/359/07 CORAM PARTIES 1. LATEEF ADEGBITE 2. NOFIU OLAOSEBIKAN APPELLANTS […]
CORAM
PARTIES
1. LATEEF ADEGBITE
2. NOFIU OLAOSEBIKAN
APPELLANTS
AMINU AMOSU(For himself And on behalf of EYILE FAMILY) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants/Applicants filed an application seeking for an order granting leave to adduce further or additional evidence which was not tendered at the two lower courts. The Applicant’s counsel in his oral admission stated that after delivery of judgment by the lower court, he applied to the office of the Surveyor General of the Federation for information regarding the status of a disputed land shown on the Respondent’s survey plan which report showed that the disputed land falls within the Federal Government acquisition. A certified true copy of the Official Gazette had been pleaded by the Applicants but same was not tendered before the trial court. The Applicants consequently sought the court to receive the report from the office of the Surveyor General and notice of acquisition of the disputed land as further evidence to show want of locus standi of the Respondent to institute the case and lack of jurisdiction of the High Court to have heard it. The Applicant relying on Order 2 Rule 12 of the Supreme Court Rules urged the court to grant the application. The Respondent opposed the motion and urged the court to refuse the motion on Notice.
HELD
Application Granted
ISSUES
None
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
States Land Act, Cap.45, Laws of the Federation 1958
Supreme Court Rules