Joseph N. Siewe V. Cocoa Producers Alliance (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Lead Ruling)

The Applicant filed a motion on Notice dated the 26th day of June, 2009 and filed on the 29th day of June, 2009. The application was brought pursuant to sections 6(6)(A), 36, 241 and 243(a) of the 1999 Constitution of the Federal Republic of Nigeria, Section 15 and 24 (4) of the Court of Appeal Act, Order 4 Rule 6, Order 7 Rules 6, 7 and 10 of the Court of Appeal Rules 2007 and under the inherent jurisdiction of this Court.

The Applicant in the main had prayed for the following orders.

1. An order granting leave to the applicant to

a. To apply for an order enlarging the time within which the applicant may apply for leave to appeal to the Court of Appeal against the decision of the Honourable Justice Isaac Ejiofor of the Federal High Court sitting at the Lagos Judicial Division delivered on the 7th day of March 2006 in suit no FHC/L/CS/992/2004 Siewe V Cocoa Producers Alliance.

b. To apply for an order of extension of time within which to appeal to the Court of Appeal against the decision of the Honourable Justice Ejiofor of the Federal High Court sitting at the Lagos Judicial Division delivered on the 7th day of March, 2006 in suit no FHC/L/CS/992/2004 Siewe V Cocoa Producers Alliance.

c. To apply for an order extending the time within which the applicant may file the notice and grounds of appeal against the decision of the Honourable Justice Isaac Ejiofor of the Federal High Court sitting at the Lagos Judicial Division delivered on the 7th day of March 2006 in suit no FHC/L/CS/992/2004 Siewe V Cocoa Producers Alliance.

2. An order granting the applicant leave to canvass questions of mixed law and facts in the appeal to be filed against the decision of the Honourable Justice Isaac Ejiofor of the Federal High Court sitting at the Lagos Judicial Division delivered on the 7th day of March 2006 in suit no FHC/L/CS/992/2004 V Cocoa producers Alliance.
3. And for such further order or other orders as this Honourable Court may deem fit to make in the circumstances.

The learned counsel to the Respondent opposed this applicant vide their counter affidavit dated and filed the 29th of March, 2010. The said counter affidavit contains five (5) paragraphs.

Further to that, the learned counsel to Respondent filed a Notice Preliminary Objection, dated and filed the 18th of March 2010.The said Notice of Preliminary Objection was also accompanied by a five (5) paragraphs expedient for ease of reference and appreciation to set out the said Notice of Preliminary Objection.

NOTICE OF PRELIMINARY OBJECTION

Brought pursuant to Order 7 Rule 1, Order 10 Rule 1 of the Court of Appeal Rules 2007, S.2 of the Diplomatic Immunities and Privileges (Cocoa Producers’ Alliance) Order 1969 and under the inherent jurisdiction of the Honourable Court.

Take notice that this Honourable Court will be moved on the ……… day of ……….. 2010 at the hour of 0 O’clock or so soon thereafter as counsel on behalf of the Respondent/Applicant may be heard praying the court for the following:

(i) An Order of this Honourable Court striking out or dismissing this appeal on the basis of lack of jurisdiction and for;

(ii) And such Order and further Order (s) that this Honourable Court may deem fit to make in the circumstances.

GROUND OF OBJECTION