Chief Harold Sodipo V. Lemminkainen Oy & Anor (1985)

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N. ANIAGOLU, J.S.C.

This judgment deals with the constitutional issue raised in ground 8 of the amended grounds of appeal and is limited to it.

On 25th February 1985, upon an application to this Court made by the appellant for extension of time within which to further amend his grounds of appeal; to add a ground of appeal which raised a constitutional issue, and to amend his Brief of Argument by adding a new paragraph 1, this Court granted the application and ordered

“(1) that the appeal be adjourned for hearing before a full court on a date to be fixed by the Chief Justice of Nigeria;

(2) that the application for extension of time within which to amend the grounds of appeal and for leave to file and argue the additional ground of appeal and to file further brief to cover the additional ground be hereby granted;

(3) that the Appellant be at liberty to file all the necessary papers within 14 days from today; and

(4) that N25 (twenty-five naira) costs be awarded in favour of the Respondents.”

Following this Order the Appellant filed eight amended grounds of appeal the last of which dealt with the constitutional issue and reads as follows:

“8. The judgment of the High Court is a nullity in that it was delivered on the 13th May 1980 more than three months after the addresses of counsel on the 11th February 1980, contrary to section 258(1) of the Constitution and the judgment of the Federal Court of Appeal from the said judgment is also therefore a nullity.”

Both Counsel filed amended briefs.

The facts giving rise to the constitutional issue were as follows:

“By a specially endorsed writ, pursuant to Order 3 Rules 4 and 5 of the High Court of Lagos State (Civil Procedure) Rules, 1979 the plaintiffs, who were said to reside at Helsinki 52, Finland, by their Solicitors, Messrs. Kehinde Sofola & Co., claimed in the High Court of Lagos, from the defendant, Chief Harold Sodipo, a liquidated sum of N760,556.91. The writ reads:

“The Plaintiffs’ claim against the defendant is for the sum of $1,169,817.41 and 17,000.00pounds or their equivalent, N760,556.91 being money payable by the Defendant to the Plaintiffs for money lent by the Plaintiffs to the Defendant as per particulars below:-

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