Ebun Industries Limited V. Scoa Nigeria Plc. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A (Delivering the Lead Ruling)

This is a motion on Notice brought pursuant to Order 7 Rules (1) and 10(1) and (2) of the Court of Appeal Rules 2007; Section 6 (6) (a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 and Sections 16 and 25 Court of Appeal Act, Cap. 75, Laws of the Federation of Nigeria; whereby the Appellant/Applicant seeks the following order from this Honourable Court.

(i) An order extending the time within which to appeal against the ruling of Honourable Justice M.A. Dada (Mrs.) of the High Court of Lagos State, Ikeja Judicial Division in Suit No.: ID/901/2002 SCOA

Nigeria Plc. v. Ebun Industries Limited delivered on February 1st, 2007.

(ii) An order granting a stay of execution or enforcement or further execution of enforcement of the judgment of Honourable Justice M.A. Dada (Mrs.) of the High Court of Lagos State, Ikeja judicial Division in Suit No. ID/190/2002 SCOA Nigeria Plc. v. Ebun Industries Limited delivered on March 6th, 2006 pending the determination of this application.

The motion is dated and filed 15th of February 2010.

Arguing the application on the 26th of January 2011 learned counsel for the Applicant, Charles Okeh Esq. applies to withdraw prayer 2.

Having applied to withdrawn prayer 2, same is hereby struck out.

This leaves me with prayer 1.

On the 26th of January 2011 when this application was moved, learned counsel submits that the application is supported by a 21 Paragraphs affidavit with nine exhibits annexed. He submits that Exhibit “AB6” is the Ruling of the Judge. The proposed Notice of Appeal is attached as Exhibit “AB7”.

Learned counsel urges this Honourable Court to grant the application, but he makes no mention of a Counter Affidavit deposed to by Andrew Chukwuma, Litigation Manager of 5, Idowu Taylor Street, Victoria Island, Lagos and filed by Charles Onyekwere Esq., learned counsel for the Respondent.

In his reply, Charles Onyekwere Esq. submits that the entire application is misconceived.

From records, the Respondent had filed a Counter Affidavit in opposition to this application on the 7th of October 2010 of thirty-five (35) Paragraphs, deposed to by one Andrew Chukwuma, Litigation Manager of 5, Idowu Taylor Street, Victoria Island, Lagos.

I have taken a cursory look at the Application before me, and has painstakingly perused the facts deposed to in the supporting affidavit and the counter affidavit as well as the respective exhibits attached thereto.