Procter & Gamble Nigeria Limited V. Nwanna Trading Stores Limited (2007)

LawGlobal-Hub Lead Judgment Report

MOHAMMED LAWAL GARBA, J.C.A.

This application which was filed on the 5/2/10 prays for a lone relief as follows:-

“An order for enlargement of time within which to appeal to the Court of Appeal against the judgment of the Niger State High Court sitting at Minna, Niger State in Suit No. NSHC/MN/25/2001 delivered on 21st day of May, 2007, the time allowed by the Rules of this Honourable Court having expired.”

The grounds for the relief set out on the motion paper are thus:-

“i. The judgment of the High Court in Suit No. NSHC/MN/25/2001 was delivered on 21/5/07 when some was signed by the learned trial Judge.

ii. The three months within which defendant is to appeal against the said judgment expired in August 2007.

iii. Defendant was not aware that the case has been concluded and judgment delivered until August 2009 when plaintiff s Counsel by his letter dated 13th August, 2009 wrote demanding the payment of the judgment debt stated to be N75,903,450.00 and N20,000.00

iv. Defendant’s inability to appeal within the period prescribed by S. 24(2)(a) of the Court of Appeal Act, is due to the ill health of Counsel assigned to conduct the case which after the case was adjourned for address, took ill and did not thereafter report the state of the case either to the defendant or to the law Firm of Abdulai, Taiwo & Co.

v. Defendant is aggrieved by the said judgment and is desirous of appealing against the some and has retained senior Counsel, Chief T.J. Onomigbo Okpoko, OON, SAN as leading Counsel in the appeal

vi. Defendant has good, substantial and arguable grounds of appeal and there is a very good chance of the appeal succeeding in the Court of Appeal

vii, The grounds of appeal raise substantial issues of law deserving of due consideration by the Court of Appeal AND for such further order or other orders as this Honourable Court may deem fit to make in the circumstances.”

The application is supported by a 17 paragraphs affidavit deposed to by one Abdulrasheed Sadiq Esq., of Abdulai Taiwo & Co. Law Firm.

Copies of a number of documents were attached to the affidavit and marked as Exhibits A, A1, B, B1 and C.

From the record of the Court, two (2) counter affidavits were filed for the Respondent in opposition to the application, both sworn to by Nwanna Nwamu; the Chief Executive of the Respondent. The first one was filed on 12/2/10 while the 2nd was filed on the 24/6/10.