The appellant/applicant was the plaintiff in the court below (Federal High Court, Lagos) in an action against the respondents who were the defendants in that court. Sequel to an application by the appellant/applicant on the 21st of June, 1996. But on the 8th of August, 1996, following the application brought before it, the court below discharge the order of arrest earlier made on the ground that there was no nexus between the 2nd defendant/respondent (Lopez Tapia) and the 3rd defendant/respondent.

Dissatisfied with the decision of the court below vacating the said order of arrest, the appellant/applicant lodged an appeal to this court against that decision. Sometime after the handing down of the decision complained of, the appellant/applicant claimed to have discovered some documents which if put before the court below – would have grounded the refusal by that court, of the application brought to vacate the order of arrest. It is this discovery that has prompted his bringing this application for leave to adduce further evidence by allowing the documents discovered to be received in evidence and to incorporate same into the Record of Appeal before this court.