Abuja (Capital) Motors Ltd V. Alhaji Bello Aliyu (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering Lead Ruling)

This is an application dated the 25th day of July, 2007 and filed on 30th day of July, 2007 in which the Appellant/Applicant prayed for the following orders:-

“(1) An order for extension of time within which to apply for leave to appeal against the decision of the High Court of FCT, Abuja in Suit No. FGT/CV/604/05 delivered on 31st July, 2006.

(2) An order granting leave to the Applicant to appeal against the said decision.

(3) An order for extension of time within which the Applicant may file his Notice and Grounds of Appeal.

And for such further or other orders as the Honourable Court may deem fit to make in the circumstances.”

The application is supported by an affidavit of 20 paragraphs, pertinent paragraphs of which are 3 – 17 reproduced as follows:-

“(3) That judgment in default of pleading in Suit No.FCT/HC/664/05 was delivered on 31st July, 2006 by Hon. Justice U. K. Bello of Abuja High Court.

(4) That I was informed by Mohammed Yamah Esq. of Counsel, our Principal at my office of the above stated address at about 1.00 p.m. on 15th January, 2007 and I verily believe him to be true and correct as follows:-

(a) That series of meetings were held between the Appellant and the Respondent with the hope of amicable settlement of the matter before the lower Court.

(b) That the Defendant/Appellant had promised to expeditiously effect repairs on the Respondents car, the subject matter of this case as it had always attempted doing, so that the Plaintiff/Respondent could take immediate delivery of it.

(c) That after such strenuous effort to effect repairs the Defendant/Appellant would discover new faults in the vehicle on being road tested.

(d) That the hope and assurance given by the Appellant to repair the vehicle, coupled with the understanding between the parties that the matter would be settled out of Court was the reason behind the non-filing of the Statement of Defence at the lower Court.

(5) That I am informed of the following facts by Musa Saleh, a receptionist with the Appellant/Applicant at my place of work on 15th January, 2007 at 3 p.m. and I verity believe him to be true and correct as follows:-