University Press Ltd.V. I.K.martins (Nig.) Ltd. (2000) LAWGLOBAL HUB Lead Judgment Report ACHIKE, J.S.C.  The respondent, as plaintiff, instituted this action on 5/4/90 at the High Court, Onitsha, claiming the outstanding debt of N22,100.00 in respect of reams of newsprint paper sold and delivered to the appellant, as defendant, together with interest. The defendant entered a conditional appearance to the writ. Subsequently, the plaintiff filed a statement of claim. Its paragraphs 4, 5 & 6 are relevant to the issue now contested by the parties and are hereunder reproduced: “4. Sometime in November, 1989, during scarcity of newsprint, the defendant at Onitsha approached and pleaded with the plaintiff to supply it, the defendant with some reams of newsprint to enable the defendant execute a contract with the Federal Government The first supply of 2000 reams was duly paid for; the

Mercantile Bank (Nig.) Plc V. Imesco Enterprises Ltd (2022) LAWGLOBAL HUB Lead Judgment Report CHIMA CENTUS NWEZE, J.S.C.  The applicant herein, by an application, brought pursuant to Section 233(1) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 27(4) of the Supreme Court Act, Cap. S15 Laws of the Federation, 2004 and Order 2, Rule 31 and 32; Order 6 Rule 2 and Order 7 Rule 1 of the Supreme Court Rules, as amended in 2014, prayed this Court as follows: I. Section 27 (2) (a) of the Supreme Court Act, Cap. 515 Laws of the Federation, 2004 provided for the appeal in this case being a civil appeal to have been filed within three months from the date of the judgment of the lower Court, which judgment was delivered on the 23rd day