Mrs. Salome Ede V. Mrs. Maria Chita (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Lead Ruling)

This is an interlocutory decision of this Court on the application brought by the appellant/applicant (?the applicant?) praying this Court in the main for three (3) reliefs.

The substantive appeal before this Court was initiated by the applicant vide the ?Notice of Appeal? dated 1st March, 2007 (?the notice of appeal?) which contains three (3) grounds of appeal, against the judgment of the Honourable Justice E. C. Ahanonu, J., of the High Court of Enugu State, sitting at Enugu (hereinafter referred to as the Lower Court).

The applicant?s motion on notice dated 5th November, 2012 but filed on 6th February, 2013 (?the application?) is praying this Court for leave to file additional grounds of appeal and the leave of this Court to adduce further evidence for the purpose of the appeal. The orders and or reliefs prayed for in the said application are reproduced below:

?1.Granting leave to the Appellant/Applicant to file additional grounds of appeal against the Judgment of Honourable Justice E.C. Ahanonu (of blessed memory) of the High Court of

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Justice of Enugu State, Enugu Judicial Division delivered on the 22nd day of January, 2007 in Suit No. E/62/2003 ? MRS. MARIA CHITA VS. MRS. SALOME EDE.

2.Granting leave to the Appellant/Applicant to adduce Additional/Fresh evidence in this Appeal by allowing the bundle of documents attached to this application and marked Exhibit C to form part of the Records of Appeal for the purpose of using same in determining this Appeal.

3.To deem the Additional Grounds of Appeal and bundle of documents attached and marked as Exhibit C as properly filed and served, necessary fees having been paid.?

In support of the application, the applicant filed a 19 paragraph affidavit (?affidavit in support?) sworn to by the applicant on 6th February, 2013. The applicant attached three (3) Exhibits to the affidavit in support of the application. They are: Exhibit A (Notice of Appeal), Exhibit B(Additional Grounds of Appeal) and Exhibit C bundle of documents comprising (Additional/Fresh evidence: that is; The Judgment of the Magistrate Court in Suit No: ME/439C/02 delivered on 02/07/08, A document said to be Extra Judicial Statement of the Respondent herein made

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to the police on 22nd October, 2002 (?extra judicial statement?) and the Charge Sheet in Suit No: ME/439C/2002). The applicant equally filed a 16 paragraph Further Affidavit dated 20th day of September, 2013 (?further affidavit?) in reaction to the respondent?s counter affidavit.

On her part, the respondent filed a 19 paragraph counter affidavit (?counter affidavit?) sworn and dated 4th March, 2013 together with three Exhibits: Exhibit A (Notice and Grounds of Appeal against conviction) Exhibit C1 (Order of this Court dated 14th April, 2011) and Exhibit C2 (Order of this Court dated 23rd May, 2012) in response to the application. In addition to the counter affidavit, the respondent further filed a counter affidavit dated 14th October, 2013 (?further counter affidavit?) to the applicant?s further affidavit.

?At the hearing of the application on 4th February, 2015 this Court ordered both parties to file written addresses in support of their respective positions in respect of the application. Pursuant to the said order of this Court, counsel to the applicant and respondent filed written addresses dated 13th