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LATEEF ADEGBITE & ANOR v. AMINU AMOSU

(2016) LPELR-40655(SC)

In The Supreme Court of Nigeria

On Friday, the 1st day of July, 2016

SC.673/2013(R)


Before Their Lordships

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria


Between

1. LATEEF ADEGBITE
2. NOFIU OLAOSEBIKAN - Appellant(s)

AND

AMINU AMOSU
(for himself and on behalf of Eyile family) - Respondent(s)


Summary

INTRODUCTION:
This is a ruling on an application to the Supreme Court for leave to adduce further evidence on appeal which were not tendered at the High Court and the Court of Appeal.

FACTS:
The 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.


ISSUES:
The application was determined on the issues as raised by the parties.

DECISION/HELD:
The Court held the application to be meritorious and same was accordingly granted as prayed.


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