Hon. Minister Of Agriculture And Water Resources V. Olive Company Nig.ltd (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A (Delivering the Lead Ruling)

On 11/1/2010 when Motion Number CA/A/61M/09 came up in this court, the attention of the court was drawn to another pending motion with number CA/A/331M/09 between the same parties. This court there and then ordered that written addresses be filed in respect of the two applications.

It is the practice of this court that where there are two opposing applications as in this case, where one motion seeks to terminate or dismiss the appeal like motion number CA/A/61M/09 and the other motion seeks to save the appeal by asking for extention of time to compile records of appeal like motion No CA/N331 M/09, it is trite that this court would deal with or hear the application for extention of time first so that the case or appeal will be disposed on its merits.

By this procedure, it means that the application for the dismissal of the appeal must abide by the result of the application for extention of time. Thus if the application for extention of time succeeds then the application for the dismissal of the appeal would be struck out. But if the application for extention of time does not succeed, then the application for dismissal would then be considered on its merits.

See the following cases:-

– Asol (Nig) Ltd Vs Access Bank (Nig) PLC (2009) 10 NWLR Part 1149 Page 283 at 295 and 296 Paragraphs H-B.

– Vice Chancellor A.B.U. Zaria v. Ado (1986) 3 NWLR Part 31 Page 684

– Nalsa & Team Associates Vs N.N.PC (1987) 8 NWLR Part 212 Page 652.

– S.C.O.A. Ltd Vs Bourdex Ltd (1987) 4 NWLR Part 65 at Page 489.

CA/A/331 M/09

This is an application dated the 13th day of November 2009 and filed on the same date wherein the Applicant prayed for the following orders:-

1. An order of leave of this honourable court extending the time within which the Applicant can compile the records of all documents, exhibits and proceedings of the Federal High Court Abuja in Suit No. FHC/ABJ/CS/540/07 Between Olive Nig Ltd Vs Federal Ministry of Agriculture and Water Resources for use as the Records of Appeal.
2. An order of court deeming the compiled records of all documents, exhibits and proceedings of the Federal High Court Abuja in Suit No- FHC/ABJ/CS/540/07 between-Olive Company Nig Ltd Vs Federal Ministry of Agriculture and Water Resources annexed to the affidavit and marked as Exhibit “A” as the Records of Appeal.

The application is supported by an affidavit of 6 paragraphs, pertinent paragraphs of which are 4 (a) to (g) and 5 set out as follows:-

“4. That I was informed by Joseph Ochuko Tobi Esq. of Counsel in Chambers at Area 3 Garki, Abuja on 2nd November 2009 at about 12.30pm of the following facts which I verily believe to be true:

(a) That by the 2007 Rules of this Court, the Registrar of the court below has a duty to within 60 days after the filing of the Notice of Appeal compile and transmit the Records of Appeal to this court.