Lateef Adegbite Vs Aminu Amosun (2016)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.S.C.

An application was filed by the appellants/applicants in which they seek for the following reliefs:

An order granting leave to adduce further or additional evidence which was not tendered at the two lower Courts to wit:

a) A letter from the office of the Surveyor General of the Federation Ref: No.

FMLHUD/LA/S5A/Vol.III dated 14/08/2003 Captioned “RE-REQUEST FOR LAND INFORMATION (CHARTING) AN PARCEL OF LAND COVERED BY SURVEY PLAN NO. NSMC/95/LS045 DATED 7/4/95.” (attached as Exhibit “B” to this application).

b) Certified True Copy of the Government Notice No. 13 Volume 63 dated 4th March, 1976 (attached as Exhibit “C” to this application).

AND FOR SUCH FURTHER or other orders as this Honourable Court nay deem fit to make in the circumstances.

Moving the motion, learned counsel for the applicants, Mr Oyewo, slated that the motion is accompanied by seven grounds; a 13 paragraph affidavit; some exhibits and a written address After stating the historical facts giving rise to the appeal in his written brief (address), the learned counsel admitted orally

1

and in his brief that when the applicants engaged him as counsel (after the death of their previous counsel) he realised the need to raise on appeal, issue of jurisdiction of the trial Court as a fresh issue. After the delivery of judgment by the Lower Court, the applicants’ new counsel applied to the office of the Surveyor General of the Federation for information regarding the status of the disputed land shown on the respondent’s Survey Plan No. NSMC/95/LS045/ dated 7/4/95 (Exhibit “A’) attached to this motion Exhibit ‘A” was issued by the office of the Surveyor General showing that the disputed land falls within Federal Government acquisition; copy of the report Ref. No FMLHUD/LA/S5A/Vol.III, dated 14/08/2113 is attached to this motion as Exhibit “B”

On 19/8/2013, learned counsel obtained certified true copy of the Government Notice No. 344 dated 4th March, 1976 under and by virtue of which acquisition of the disputed land was published in The Federal Republic of Nigeria Official Gazette No.13, Volume 63 of 11th March, 1976; certified true copy of the said Official Gazette which had hitherto been pleaded by the applicants but not tendered before the

2

trial High Court and now attached to this motion as Exhibit “C”.

Learned counsel for the applicants, stated that it is the said report from the office of Surveyor General and the notice of acquisition of the disputed land that the applicants want the Honourable Court to now receive 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. All these facts, submitted the learned counsel for the applicants, were discovered after judgment had been delivered by the Lower Court on 18/7/2013. The evidence sought to be adduced (Exh. B & C), he contended, were dated 14/8/2013 and 19/8/2013 respectively. Learned counsel cited Order 2 Rule 12 of the Supreme Court Rules. He relied on the case of Asaboro v. Aruwaji (1974) 1 All NLR (Pt.1) 140 at 144, in which this Court stated the principles which the Courts have always taken into consideration in the judicial exercise of powers to grant leave lo adduce new evidence. He stated further that the three conditions stated by this Court in the above cited case, must co-exist before the Court can grant the applicants leave