Attorney-general Of The Federation V. A.I.C. Limited & Ors (1995)
LAWGLOBAL HUB Lead Judgment Report
KUTIGI, J.S.C.
The appellant by Motion on Notice dated the 2nd November, 1994 prayed as follows:-
“1. An Order setting aside the purported Notice of Appeal dated 21st June, 1993 and filed on 3rd day of August, 1993.
- An Order setting aside the purported Notice of withdrawal by Agreement dated 27th day of October, 1993 and filed on the 28th October, 1993.
- An Order for an extension of time within which to apply for leave to appeal.
- An Order for leave to appeal.
- An Order for extension of time to file the Notice and Grounds of Appeal.
- An Order seeking leave of this Honourable Court to raise a new issue on appeal as reflected in the proposed Grounds of Appeal and Brief.
- An Order seeking leave of this Honourable Court to file the following additional documents to wit –
(a) a copy of the agreement between the Federal Government of Nigeria and the 1st defendant for the supply of MB 339 Advanced Jet Trainers (Exhibit D) annexed to this Affidavit.
(b) a copy of the Counter Affidavit dated 1st December 1988 and filed the same day by the appellant at the Registry of Lagos State High Court in the proceedings of the judgment in default of filing of the Statement of Defence by the applicant before Mr. Justice Hunponu- Wusu (Exhibit F.I. annexed to this Affidavit).
(c) A copy of the judgment of the Civil and Criminal Court of La Spezia in the Republic of Italy, dated 18th October, 1990 between the 1st defendant and the Plaintiff.
- An Order for a stay of Garnishee proceedings at the High Court of Lagos presided over by Mr. Justice Hunponu- Wusu pending the determination of the appeal if reliefs Nos. 1 – 5 above are granted. And for such orders or further orders as this Honourable Court may deem fit to make in the circumstance.”
The motion was supported by an Affidavit of urgency and another affidavit in support of the motion both sworn to by one Emmanuel Omonowa, a legal practitioner in the Chambers of the Attorney-General of the Federation, the applicant. The following documents were annexed to the affidavit as exhibits:-
A. Agreement between the Federal Republic of Nigeria and Aermacchi S.P.A. dated 6/5/83.
B. Exclusive Agreement between Aermacchi S.P.A. (1st defendant) and A.I.C. Ltd., (plaintiff/respondent) dated 22/5/91
C. The writ of summons dated 21/6/83
D. Statement of Claim dated 21/6/83
E. A copy of the Order discharging the Interim Injunction dated 19/8/83
F. The High Court judgment dated 28/10/89.
FI. A copy of the Counter Affidavit filed by the applicant in the High Court proceedings leading to the judgment.
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