Mr. Tom Imaji Abalaka V. Nigerian Airspace Management Agency & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Lead Ruling)

This is an application dated the 25th day of March 2008 and filed on the same date in which the Appellant/Applicant prayed for the following orders:-

“(1) An Order granting leave to the Appellant/Applicant to give additional evidence on appeal by tendering the Nigerian Airspace Management Agency, Staff Conditions of Service dated 7th September 2001, copy annexed hereto as Exhibit “TA9”.

(2) An Order receiving the Conditions of Service, Exhibit “TA9″ hereto as additional evidence.

(3) Leave to amend the Applicant’s Brief of Argument accordingly.”

Grounds upon which the Application is brought.

(1) The conditions of service binds both parties.

(2) The Appellant erroneously failed to tender the Conditions of Service before the lower Court.

(3) The Appellant Counsel intended to tender it from the bar since both parties relied on it but simply forgot to do so.

(4) Both parties referred copiously to its provisions in their various final addresses before the lower Court and this constitutes a special ground on which to allow the application.

(5) The Courts do not visit the sins of Counsel on the litigant as they strife in every situation to do substantial and not technical Justice.

The application is supported by an affidavit of 6 paragraphs, pertinent paragraphs of which are 4(a) to 4(e) and 5 set out as follows:-

“4 That I have been informed in Chambers at Suite 1B, Bassan Plaza, Central Business District, Abuja by Isaac Okpanachi of Counsel at 3pm on Wednesday the 19th day of March, 2008 and I verily believe him:-

(a) That the provisions of the Conditions of Service of the Respondent was the principal document the lower Court was called upon to interpret in this suit.