Finetex Limited V. Intercontinental Bank Ltd (Formerly Intercontinental Merchant Bank Ltd) & Anor (2009)

LawGlobal-Hub Lead Judgment Report

THERESA NGOLIKA ORJI-ABADUA, J.C.A:

The Applicant in this proceeding prays this Court via its Motion on Notice dated 10/5/05 but filed on 13/5/08 for the following orders;

(1) An Order granting an extension of time within which to seek leave to appeal against the decision of the Federal High Court, Kaduna, per Honourable Justice A.M. Liman, delivered on the 18th day of July, 2003 in Suit No. FHC/KD/CP/18/2002.

(2) An Order granting leave to the Appellant/Applicant to appeal against the decision of the Federal High Court, Kaduna, per Honourable Justice A.M. Uman delivered on the 18th day of July, 2003 in Suit No. FHC/KD/CP/18/2002.

(3) An Order granting an extension of time to the Appellant/Applicant to appeal against the decision of the Federal High Court, Kaduna, per Honourable Justice A.M. Uman delivered on the 18th day of July, 2003 in Suit No. FHC/KD/CP/18/2002.

(4) An Order granting the Appellant/Applicant leave to file, argue and treat the grounds of Appeal challenging the decision of the Federal High Court, Kaduna per Honourable Justice A.M. Uman, for which leave is sought as additional ground of appeal and the said ground is numbered 1 in the annexed Notice of Appeal marked herein as Exhibit “2”.

(5) Leave to amend the Notice and Grounds of Appeal dated 3rd day of March, 2004 by incorporation of the proposed additional grounds and the reliefs sought therein as reflected in the amended Notice of Appeal annexed hereto as Exhibit “3”.

(6) An Order deeming the Amended Notice of Appeal annexed to this application as Exhibit “3” as duly filed and served, the appropriate filing fees having been paid.

(7) An Order extending the time within which the Appellant/Applicant can file its Brief of Argument in this Appeal.

(8) For such further or other orders as this Honourable Court may deem fit to make in the circumstances.

Filed in support of the application is an affidavit of four paragraphs deposed to by one Rahila Saidu, a litigation clerk in the law firm of the Applicant’s Counsel with three annexures described as Exhibits 1, 2 and 3.

The Respondents for their part filed a Counter-affidavit of thirteen paragraphs, sworn to by one Vincent Olowoyo, a litigation officer in the Law firm of the Respondents’ Counsel.

In the affidavit in support of the Motion, it was averred that the Applicant had earlier filed a Notice of Appeal dated 3/3/04 against the Ruling of the Federal High Court delivered on 30/1/04 via its former Counsel, Messrs J.B. Dauda & Co. However on 2/5/08, the Applicant retained the services of the present Counsel, Jim A. Omoigberale, and KSM, to represent it in the said appeal. On perusing the documents or processes handed over to him, Learned Counsel discovered there was need for an appeal to be lodged against the consent judgment entered in favour of the parties by the Federal High Court Kaduna on 18/7/2003 in Suit No. FHC/KD/CP/18/2002, a copy of which was attached as Exhibit 1 and that since it was a consent judgment, there was needed to obtain the leave of this Court. It was further averred that the appeal is being challenged on the ground that the suit was incompetent and that the Federal High Court lacked the jurisdiction to have entertained the same. It was also said that there is need to amend the Notice of Appeal so that the original notice and the grounds for which leave is being sought can be incorporated into the Notice of Appeal and embodied in one and the same document.

The Applicant further averred at paragraphs 3 sub-paragraph (l), (m) and (n) thus;