Enyibros Foods Processing Company Ltd. & Anor V. Nigerian Deposit Insurance Corporation & Anor (2007)

LAWGLOBAL HUB Lead Judgment Report

S. N. ONNOGHEN, J.S.C

This is an appeal against the ruling of the Court of Appeal Holden at Enugu in appeal No. CA/E/63M/97 delivered on the 2nd day of June, 2001 granting the 2nd respondent extension of time within which to apply for leave to appeal, leave to appeal and extension of time within which to appeal. The appellant is not satisfied with that ruling hence the present appeal in which the issues for determination, as identified by learned counsel for the appellants Obi Akpudo, Esq. in the appellants’ brief of argument filed on the 19th day of March, 2002 are as follows:-

“(1) In all the facts and circumstances of this appeal, was the order of the Court of Appeal granting leave to the applicant/respondent to appeal against the decision of the trial court as a party having an interest in the subject-matter justified

(2) Do the grounds of appeal which the applicant/ respondent seeks to argue if his application for, inter alia, leave to appeal as a “party interested” succeeds genuinely question the jurisdiction of the trial court to entertain the substantive suit

If the answer to issue No.2 is in the negative then:

(3) Was the Court of Appeal Correct when it did not examine the reasons for the applicant/respondent’s failure to appeal within time before granting the application for inter-alia, extension of time within which to file notice and grounds on the grounds that all his proposed grounds of appeal raise issues of jurisdiction

(4) Was the Court of Appeal Correcting failing or neglecting to consider or pronounce on the issue (raised before it by the defendants/appellants to the effect that the application for inter-alia, extension of time within which to appeal as an interested party is an abuse of judicial process”

On the other hand, the issues formulated for determination by learned counsel for the 2nd respondent, Anthony I. Ani, Esq., in the 2nd respondent’s brief of argument deemed filed on 10/1/06 are as follows:

“(a) Whether in the circumstances of this case the court below was right in granting the application for extension of time within which to apply for leave to appeal, leave to appeal, and extension of time within which to appeal as an interested party. (Grounds 1,3 and 4 of the notice and grounds of appeal).

Whether the application by the applicant/respondent is an abuse of court’s process. (Ground 2 of the notice and grounds of appeal).”

On the 27th day of June, 1995 the original plaintiff/respondent, Merchant Bank of Africa Ltd. instituted suit No. 0/394/95 against the present appellants under the undefended list claiming the following reliefs:

“(a) N3,045,058.17 being money due to the plaintiff together with accrued interest arising from a credit facility granted to the defendants.

(b) 21% interest thereon from 30/4/95 till judgment,

(c) 5% interest on the judgment debt until the money is fully liquidated.”