Asset Management Corporation Of Nigeria Vs A.O.S. Practice (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading ruling)

The respondent commenced an action before the High Court of Lagos State (the lower court), seeking for declaratory relief, the sum of N378,619,653.57 for professional services rendered by it to the applicant and other sundry claims.

The applicant filed a defence to the action and also filed a notice of preliminary objection. The lower court heard the preliminary objection and dismissed same in a ruling delivered on 29/10/2021.

Dissatisfied with the ruling, the applicant filed an application before the lower court wherein he sought for leave to appeal to the Court of Appeal against the order dismissing the preliminary objection.

The lower court heard the application for leave to appeal and in a considered ruling delivered on 28/01/2022 refused the leave sought and dismissed the application.

Pursuant to the dismissal of its application for leave to appeal, the applicant approached this court with the application, subject matter of this ruling, dated 07/02/2022 but filed on 09/02/2022, praying for the following reliefs:

1. An order extending time within which to seek leave to appeal the ruling of the High Court of Lagos State per Hon. Justice R.O. Olukolu, delivered on the 28th day of January, 2022.
2. An order granting leave to appeal the ruling of the High Court of Lagos State per Hon. Justice R. O. Olukolu delivered on 28th day of January, 2022.
3. An order extending the time within which to appeal the ruling of the High Court of Lagos State per Hon. Justice R.O. Olukolu delivered on the 28th January, 2022.

And for such further orders as this honourable court may deem fit to make in the circumstances.

The grounds for the application as stated on the body of the motion on notice are as follows:

a. The time within which to seek leave to appeal the said ruling has now elapsed.

b. The application was first dismissed/rejected.

c. The time to file and serve the notice of appeal had elapsed.

d. The applicant has constitutional right of appeal pursuant to the Constitution of the Federal Republic of Nigeria, 1999, as amended.

e. The applicant’s right of appeal will be highly prejudiced if this application is not granted.

The application was supported by an affidavit of 11 paragraphs sworn to by one Gbenga Ayorinde, a Litigation Officer in the law firm of Paul C. Ananaba & Co., counsel to the applicant, annexed to which are the ruling sought to be appealed against and the proposed notice of appeal. Paragraphs 4-10 of the supporting affidavit are germane to the application and are reproduced here below: