University Of Ilorin V. Mr. Jolayemi Ademola Ayodeji (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE J.C.A. (Delivering the Leading Ruling)

By a motion on notice dated 7th November 2012 and filed on the 8th November 2012, the Respondent/Applicant herein seeks for leave to adduce fresh evidence. The said motion on notice is supported by four grounds and accompanied by eleven paragraphs affidavit.

Annexed to the affidavit is the fresh evidence that is sought to be adduced, titled “RE: NOTIFICATION OF HIGHER DEGREE RESULT OF JOLAYEMI AYODEJI ADEMOLA IN RE: SUIT No. FHC/IL/CS/14/2008 MR. JOLAYEMI AYODEJI UNIVERSITY OF ILORIN” and an unmarked letter addressed to Jolayemi Ayodeji Ademola titled “NOTIFICATION OF HIGHER DEGREE RESULT” and dated 13th September 2012.

This application came up for hearing on the 16th April 2013.

Mr. Y. A. Alajo learned Counsel for the Respondent/Applicant moved the motion in terms as there was no counter affidavit. Learned Counsel submitted that the conditions for the grant of the application as enunciated in the case of Mabogunje V. Odutola (2008) FWLR (Pt. 412) 1182 at 1187 paragraph B – E have been met and that there was no impediment on the way of the success of the application.

Mr. T. Aduagba, leading Miss F. M. Ayo and. A. A. Ayanla told the Court that he has no objection to the grant of the application.

Even though Aduagba raised no objection, it is the law that an application to adduce fresh evidence is not granted as a matter of course. To succeed the Applicant must show that such evidence could not by any reasonable diligence have been adduced at the trial. The judgment, subject matter of the appeal to this Court was delivered on the 27th July 2011.

The document that is sought to be tendered in evidence is dated 4th October 2012. It was therefore not in existence and could not have been adduced at the trial. See Obasi & Ors V. Onwuka & Ors. (1987) 7 SCNJ 84 at 89.The relevance of the evidence that is sought to be adduced and the weight to be attached to it can only be determined in the appeal. Accordingly I am prepared to exercise my discretion in granting the application in favour of the Applicant.

Accordingly the application is hereby granted as prayed. Exhibit JI therefore shall be part of the record of this appeal.

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Other Citation: (2013)LCN/6167(CA)

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