Appellant was a contestant for the succession to the Chieftaincy title of Ovie of Osoro. The Government had set up Tribunal of Inquiry which approved the appointment and recognition of the 4th respondent, His Highness Chief Bernard Oyibo, Uyo 1 as the Ovie of Ozoro.

Appellant at the Benin High Court took out an originating motion in which he sought;

A document titled “Statement and Affidavit in Support of Application” was attached to the origination motion.

Applicant filed a motion on Notice for leave to adduce oral, fresh and additional evidence at the hearing of the suit. The learned trial Judge refused the application.

Dissatisfied with the ruling of the High Court, the Applicant appealed to the Court of Appeal.